Coimbatore: Proving medical negligence in the Court of law, isn't that simple. Medical Negligence, as we all know is the result of not following accepted medical practices and thereby causing loss of life or disability by a medical practitioner.
Coimbatore: Proving medical negligence in the Court of law, isn't that simple. Medical Negligence, as we all know is the result of not following accepted medical practices and thereby causing loss of life or disability by a medical practitioner.
As in a majority of the cases, the medical practitioner or the hospital administration would label such charges as 'false' charges by saying that the patients or his family's emotional state of mind has misled them to file a false suit. Well, it could be true or not.
Scenarios where hospitals or practitioners make a secret one shot settlement to the affected and try to get away, is also quite common.
And vice versa, the emotional state of mind of the patients and their family also at times mislead them to land with wrong allegations against the hospitals. Hence, it becomes very difficult to prove and win medical negligence lawsuits.
Even in this day and age, 'awareness' among citizens to seek the justice system to handle medical negligence is not that common. Instead they tend to settle amicably for 'secretive' compensations from the offenders and bury the truth and thereby hiding the quality of medical care provided by the healthcare provider.
This article throws light on the judgement accorded by the District Consumer Disputes Redressal Forum in December 2017 on a medical negligence case in Coimbatore which claimed the life of a new born and left the parents in profound mental agony.
Though presently, the private hospital has appealed to the High Court challenging the judgement, it becomes dutiful to publish such instances to create awareness among the people to make them realize their entitlement in fighting against any kind of medical negligence. After all, there is no 'small' and 'big' negligence.
A 'missed' Scan
In 2013, a mom-to-be, Kiruba Nivasskamaraj was consulting in Sree Resmika Hospital in Sundarapuram for her pregnancy. Being it her first child, Kiruba and her Husband who work in the banking industry were filled with immense joy to welcome their little one. Right from the day their pregnancy journey began, the couple meticulously planned everything and never missed any consultations or intake of medicines as prescribed by the gynaecologist of the private hospital.
After crossing the half-way mark of her heartening maternity journey, Kiruba was eager to see her baby's visual through the anomaly scan taken when the pregnancy is 20 weeks old. These days even a laymen is much aware of the need of an anomaly scan which helps to rule out even the smallest of any anomaly and help doctors decide if the pregnancy should be terminated or continued. And, so was Kiruba aware of it as well!
Kiruba yearned more for the scan after her friend kindled her excitement by sharing her experience of her 20-week pregnancy scan.
An eager Kiruba then enquired to her gynaecologist as to when she should have to present herself for the anomaly scan.
The doctor's answer "Not required" came as a shock to Kiruba. When questioned, the doctor asserted that an anomaly scan is required only for couples who are married within their family circles.
Though not completely convinced with the 'not required' answer from the doctor, Kiruba din't question much.
It was during her routine seventh month check-up, the doctor had advised her to get admitted citing decrease in amniotic fluid.
"Somehow I felt dubious. My intuition hinted me that something was not alright. Me and my husband then decided to take a second opinion", Kiruba said.
"There came the shock! The doctor whom we consulted for second opinion gave the shock of our life. The scan results showed that my little baby had an acute anomaly in the heart. Oh, my intuition was right!" grieved Kiruba.
As per the scan reports, the baby was affected by a condition called "Hypoplastic left heart syndrome" (HLHS), a congenital heart defect were the left side of the heart has not formed properly during the course of pregnancy.
"Imagine the doctor saying, its too late to abort; and the baby once born wouldn't survive. I cried and cried. My heart crumbled into bits. No Mother, should ever hear such words", Kiruba burst in tears.
"I couldn't believe my little one had such a adverse health condition. However, the constant kicks and movements gave me the strength to take up the pregnancy and I always hoped something would change", she expressed.
Finally, the D-day arrived. On November 5, 2013 Kiruba delivered a beautiful girl baby.
"As she stepped into this world, my baby girl had a normal cry. Despite her heart condition, the doctors were surprised that she cried like a normal healthy baby. However, the Paediatric Cardiologist had no second thought, he was certain of her medical condition and that she wouldn't live long. And, that's when the real pain began", sobbed Kiruba.
"Everyday that passed by was heart-wrenching. To watch my little angle breathe and behave normally, and yet be very mindful of the situation was dreadful. Finally, the worst happened.
On December 14, 2013, 40 days after her birth she passed away right in my arms", said the piteous mother who was at the height of her emotion.
Subsequently, in 2014 the couple filed a case of medical negligence against the hospital. After four years of legalities, on December 11, 2017, the Coimbatore Consumer Disputes Redressal Forum, ruled in her favour and ordered the hospital to pay a compensation of of Rs 5 lakhs.
The couple now have another baby, who is now three years old. "But not a day goes by without remembering our first baby girl!", the couple expressed.
The lawyer, VP Sarathi who handled the case on behalf of Kiruba, said that this case should set a precedent. "A simple diagnosis could have prevented a painful delivery, a painful death and the subsequent agony of the mother," he noted.
The hospital, Sree Reshmika, abstained from commenting on the case, saying that the legal proceedings are underway in Chennai courts.
Click here to view the judgement copy