What happens when a hospital’s improvisation collides with a mother’s consent? This case unpacks a delivery gone off-script—and the legal fallout that followed.
Irrefutable Facts
The patient was under the ANC of obstetrician). The doctor advised LSCS and obtained patient’s consent.
The anaesthetist was not available at the time; therefore, the obstetrician initially attempted to perform normal delivery, but failed. Therefore, she took patient’s consent and resorted to LSCS and delivered the baby.
Swelling in newborn’s right arm was noticed the following day. X-ray revealed a fracture in the right arm.
The patient sued the doctor, alleging that the baby sustained a fracture due to the negligent delivery performed by her.
Doctors’ Plea
The doctor pointed out that normal delivery was not possible, hence, LSCS was opted; but the attendants delayed in giving consent for it. She denied that the baby’s right arm was fractured during delivery and stated that post-delivery, both the mother and child were in good condition.
Court’s Observations
The court observed that the patient was under regular ANC, and “every fact was in the obstetrician’s knowledge”; hence she was required to handle the case more carefully. The court perused medical records and observed that due to an “attempt for force delivery, the fracture was caused in child’s right hand”.
The court found from the medical records that although the obstetrician had initially planned LSCS and taken patient’s consent for the same, she later attempted normal delivery as the anaesthetist was not available at that point in time. Attempt for normal delivery failed; therefore, LSCS was performed after taking consent from the patient’ s parents.
Hence, the court held the obstetrician negligent.
Prevention Is Better Than Cure
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Every action / decision of a doctor must be in accordance with the ‘accepted medical practice’. Deviation, if any, must only be for bonafide reasons and in the patient’s best interest. If there is any difficulty in providing optimum care, the patient should be shifted to another hospital / doctor. Emergencies, of course, are exceptions.
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Greater care, caution and contemplation are expected from the treating doctor in cases where the patient is under regular treatment / observation of that doctor. The doctor has detailed information about the patient’s health condition and must use this information in anticipating complications and remaining prepared. Failure to do so could be construed as negligence.
Source : Dr. Ashwini M. S. v/s Malini A. N.
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