Reduces Compensation for Mental Agony from ₹30 Lakh to ₹10 Lakh Due to Lack of Direct Evidence
New Delhi – In a significant ruling on medical negligence, the National Consumer Disputes Redressal Commission (NCDRC) has upheld charges against a Nellore-based gynaecologist for negligent use of forceps during a delivery in 2011 that led to serious injuries to a newborn. The apex consumer court has directed the doctor to pay ₹10 lakh for mental agony, revising an earlier state commission order that had awarded ₹30 lakh, citing insufficient evidence linking the injuries to the child’s later mental disability.
The case stems from a complaint filed by a mother whose baby suffered scalp crush injuries and a detached ear pinna during a forceps-assisted delivery performed by Dr. P. Yashodhara on April 17, 2011. The patient alleged that the injuries led to brain damage and mental retardation. She had sought ₹40 lakh as compensation for treatment expenses, trauma, and long-term care.
Dr. Yashodhara, who challenged the 2019 order of the Andhra Pradesh State Consumer Disputes Redressal Commission, denied all charges of negligence and argued that there was no direct link between the delivery and the child’s mental condition. She also questioned the validity of the disability certificate and claimed that the child had a rare medical condition unrelated to the birth process.
The NCDRC bench, comprising Presiding Member Bijoy Kumar and Member Justice Saroj Yadav, found that the baby sustained scalp injuries and perichondritis of the ear, necessitating further treatment at a Chennai hospital. The commission concluded that this amounted to medical negligence, especially since the consent form was vague and did not indicate the nature of the procedure performed.
“The consent obtained cannot be called an informed consent,” observed the Commission, noting that the pre-printed form lacked specifics and thus did not meet the legal requirement of informed decision-making by the patient.
However, the commission refrained from attributing the child’s alleged mental disability directly to the delivery, stating that the evidence submitted was neither adequate nor properly corroborated.
While the NCDRC confirmed medical negligence on part of the gynaecologist, it revised the compensation for mental agony from ₹30 lakh to ₹10 lakh. It also upheld ₹72,530 for medical treatment and ₹50,000 towards litigation costs.
“Considering the duration of treatment and extent of injury, ₹10 lakh appears to be a just and reasonable compensation,” the bench stated.
This ruling reaffirms the importance of informed consent and due diligence in medical procedures, particularly in high-risk obstetric interventions.
