A routine delivery took a tragic turn when the newborn developed severe respiratory complications. Instead of providing immediate resuscitation or summoning a specialist, the hospital discharged the infant for transfer. This decision, together with transit delays, led to a finding of medical negligence.
Irrefutable Facts
A pregnant woman was admitted to a maternity hospital for childbirth. She delivered a male infant who immediately developed Meconium Aspiration Syndrome (MAS), a respiratory complication.
The hospital discharged the newborn and advised the family to transfer the baby to a paediatric facility. The transfer took about 30 to 45 minutes. The infant succumbed to complications before reaching the specialised care facility.
The Dispute
The family alleged that the hospital negligently transferred the baby without stabilising it or for any valid reason. They claimed the newborn’s death resulted directly from a severe lack of professional care during labour and delivery.
The hospital defended its actions, stating that MAS is an unpredictable complication. It argued that it adhered to professional standards and that the outcome was unavoidable.
Court's View
The Consumer Court held the hospital negligent. It noted that MAS is not a fatal condition and can be successfully managed with timely, appropriate intervention.
The court further found that no paediatrician was present during delivery or to manage post-delivery complications. Instead of administering proactive resuscitation, the hospital doctors were eager to transfer the baby, leading the court to draw an adverse inference.
Prevention is Better Than Cure
A paediatrician’s presence is vital during high-risk deliveries. If a newborn develops complications, doctors must immediately summon a specialist rather than risk an unstable transfer.
Maternity hospitals must maintain fully functional, sterile resuscitation kits and warm delivery environments. Doctors must be highly skilled in cardiopulmonary resuscitation and endotracheal intubation to proactively stabilise newborns.
Source : Sanjeev Kallappa Kolkar v/s Shree Daneshwari Hospital & Ors. – 17MLCD (j28) – January 2023 Issue
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