Case Related to Newborn Death and Subsequent Hysterectomy
Thiruvananthapuram: The Kerala State Consumer Disputes Redressal Commission has dismissed allegations of medical negligence against a Kasargode-based hospital and its treating doctor in a case involving the death of a newborn and the subsequent hysterectomy of the mother.
Background of the Complaint
The case dates back to 2009, when the complainant was admitted to the hospital for delivery. After childbirth, she briefly lost consciousness but later regained it and was reportedly informed that both she and the baby were fine. However, the next day, her husband informed her that the newborn had died. The complainant alleged delayed disclosure of the baby’s condition and claimed that the hospital discouraged referral to another medical facility despite complications.
Subsequent Treatment and Allegations
Following discharge, the woman continued to suffer health issues, including urinary incontinence, and was later referred to other hospitals. Eventually, she was treated at Father Muller Medical College Hospital, Mangalore, where doctors diagnosed bladder and uterine rupture and performed a hysterectomy. The complainant alleged that doctors there indicated the hysterectomy was necessitated due to negligence during the initial delivery.
Commission’s Observations on Medical Records
After examining medical records, the Commission noted that the patient had a complicated delivery involving severe birth asphyxia, and despite resuscitation efforts, the baby could not be revived. The treating doctor had referred the patient to a higher centre upon noticing complications. Subsequent records showed that further treatment and investigations were appropriately carried out at referral hospitals before the hysterectomy was performed.
Complaint Dismissed for Lack of Proof
The Commission held that there was no expert evidence to establish negligence and emphasised that the burden of proof lies with the complainant. It ruled that adverse outcomes alone do not amount to medical negligence and that merely producing medical records without expert testimony is insufficient. Finding no lapse in due care by the hospital or doctor, the Commission dismissed the complaint and denied relief to the complainant.
