Commission upholds Andhra Pradesh State Commission’s ruling but reduces compensation from ₹30 lakh to ₹10 lakh citing lack of evidence on mental disability
New Delhi: The National Consumer Disputes Redressal Commission (NCDRC) has upheld a ruling by the Andhra Pradesh State Consumer Disputes Redressal Commission that found a doctor guilty of medical negligence. However, the national commission reduced the compensation amount from ₹30 lakh to ₹10 lakh, according to its June 6 order.
The case involved Dr. P Yashodhara, who had appealed against the March 2019 decision that awarded ₹30 lakh to the complainant, K Sreelatha, for mental agony and other costs. The complaint stemmed from a forceps delivery conducted on April 17, 2011, during which the baby suffered serious crush injuries to the scalp and the right ear, allegedly leading to brain damage and mental disability.
The commission, comprising presiding member Bijoy Kumar and member Justice Saroj Yadav, observed that the hospital failed to obtain informed consent for the procedure. The discharge summary from a second hospital confirmed scalp injuries and perichondritis of the ears.
However, the national panel noted a lack of evidence linking the scalp injuries to the child’s mental condition. “It is difficult to correlate the injuries on the scalp with the subsequent mental retardation, as no supporting evidence was submitted,” the order stated.
While confirming medical negligence, the commission remarked that the original ₹30 lakh compensation lacked clear justification. “Considering the period of treatment—about one and a half months in Chennai—and the severity of negligence, ₹10 lakh is deemed appropriate,” the commission said.
In addition to the reduced compensation, the commission ordered the doctor to pay ₹72,530 towards treatment expenses and ₹50,000 for litigation costs.
