Dharwad: A doctor in Karnataka's Dharwad has been fined Rs 11,10,000 by the District Consumer Disputes Redressal Commission for medical negligence due to not informing a newborn's parents about the child's disability despite knowing about the same pre-birth. In an order following an inquiry into the incident, the commission panel - comprising chairman Eashappa Bhute and members Vishalakshi Bolashetti and Prabhu Hiremath - was apprised that the obstetrician, identified as Dr. Saubhagya Kulkarni, examined the complainant's wife five times between July 12, 2018 and January 8, 2019.
Throughout examination of the mother between the third and ninth month of pregnancy, Kulkarni had assured them of the child's good health, complainant Parasurama Ghatage alleged. Upon delivery on January 31, 2019 in Dharwad's SDM Hospital, however, the baby girl was born with deformed legs, he also noted in the complaint.
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In its judgement, the commission panel noted that the doctor - a specialist - did not inform the parents about the child's disability despite knowing it during the 20th week of pregnancy - the legal threshold for all women to avail abortion as per the Medical Termination of Pregnancy (MTP) Act, 1971. The doctor "did not inform the complainant of the significant fact of the child's disability, and it appears that there has been gross negligence in medical duty" the commission further observed. The behaviour of the doctor constitutes a service deficiency under the Consumer Protection Act, it also stated.
The district Disputes Redressal Commission also penalized the accused for the act of negligence, ordering compensation of Rs 50,000 for the child's medical expenses so far, Rs 50,000 for the travel and expenses of the complainant, Rs 2,00,000 for the mental pain and torture caused to the parents of the child, Rs 3,00,000 for the future medical expenses of the child, Rs 5,00,000 for the child's future maintenance, as well as Rs 10,000 as costs of the case, resulting in the sum amount of Rs 11,10,000.
Rs 8,00,000 out of the compensation of Rs 11,10,000 should be kept in permanent deposit in the name of the child in a nationalized bank of the complainant's choice till she becomes an adult, the commission also said, further directing the accused to pay an interest of eight percent on the amount if they fail to compensate the complainant, in full, within a month of the judgement.
