BABY PALAK KHAN Vs. AMIT UPADHYAY

JUDGEMENT

(1.) The violation of the Hippocratic oath, allegations of gross negligence and omission to take ordinary routine care of a new-born child are the issues raised in this complaint by the child Palak, through her parents Aftab Khan (father) and Mrs. Nazrana (since deceased). The grievance is that immediately upon her birth on 3/7/2015 at Tarachand Hospital Hapur, which was a premature delivery, the child having certain respiratory distress was shifted to Lala Lajpat Rai Memorial College Hospital, Meerut Uttar Pradesh. She was treated at the Neo-natal unit of the Paedeatric Department which according to the complainants was negligent care as a result whereof she ultimately lost her eyesight.

(2.) Complaints were filed and the matter was contested at several Forums alleging that the Opposite Parties herein more particularly the Respondent No.1 and his assistant Respondent No.2 were responsible for gross negligence at the initial stage of the treatment and subsequently, the third Respondent also did not provide the requisite treatment and care that ultimately resulted in the loss of sight of the baby girl. Consequently, a claim based on negligence and deficiency in service for Rs.1.50 crores as compensation to the child and Rs.40.00 lakhs to the parents with an additional sum of expenses to the tune of Rs.2.5 lakhs coupled with Rs.2.00 lakhs towards litigation expenses has been raised.

(3.) The background of the litigation commences with allegations about the negligent attitude more particularly of the Respondent No.1 Dr. Amit Upadhyay who is stated to have nowhere taken any care for referring the child for Retinopathy or premature screening which is a mandatory test to be conducted within the first 3 weeks of the birth of a premature child. It is alleged that neither any effort was made to observe the minimum protocol that is needed in such cases nor were the Complainants informed of any such complication in the child at the opportune moment. The negligence is alleged to be about proper medical advice and taking due care for managing the aforesaid deficiency that could have been located at the initial stage had the Opposite Party No.1 and his team as well as the LLRM Hospital been vigilant.