A recent ruling by the Kerala State Consumer Disputes Redressal Commission dismissed a complaint filed against Velankanni Matha Hospitals. The court stated that medical practitioners cannot be held responsible for unpredictable events. The commission found no evidence to support the claim that the hospital was careless during the delivery of the complainant’s child. As a result, the opposite party was not found guilty of any unfair trade practices or service deficiencies.
The complaint was filed by Sneha Rose Abraham, who alleged negligence during a delivery procedure that resulted in a brachial plexus injury in her newborn baby. Ms Abraham had previously received antenatal care at Lok Naik Jayaprakash Hospital in Delhi and was diagnosed with gestational diabetes. She sought the services of Dr. M. Jaipal Johnson, Chairman of Velankanni Matha Hospitals, to deliver her child. The doctor recommended a cesarean section due to concerns about a macrosomic baby and complications related to gestational diabetes. However, on the day of delivery, Dr. Sabila A. conducted the delivery without consulting the complainant and allegedly deviated from medical protocols, causing injury to the baby’s brachial plexus.
The hospital and doctors involved denied the allegations and claimed that the complaint was baseless and driven by a desire for financial gain. They stated that the attending doctor followed established medical protocols and that any potential liability would be covered by the hospital’s insurance. After reviewing both parties’ evidence, the State Commission concluded that the complainant had the burden of proving medical negligence.
This ruling reinforces the principle that medical decisions and actions must be evaluated based on established protocols and standards and that medical practitioners and hospitals cannot be held liable for unexpected outcomes during medical procedures.
Written by B. Krishna Nikhitha of 5th semester of KL University Vijayawada Andhra Pradesh, an intern under Legal Vidhiya
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