Case Note & Summary
The case involved a complaint of medical negligence against a hospital and its doctors for failing to conduct a Retinopathy of Prematurity (ROP) examination on a premature infant, Master Rishabh Sharma, who subsequently became blind. The infant was born on 02.04.2005 and admitted to the hospital for intensive care due to his pre-term condition. Despite being at high risk for ROP, the hospital did not advise or conduct the necessary screening. The National Consumer Disputes Redressal Commission found the hospital and doctors guilty of negligence, leading to a compensation award of Rs. 64,00,000. The appellants challenged this decision in the Supreme Court, while the complainants sought enhanced compensation. The Supreme Court upheld the National Commission's findings, emphasizing the importance of timely medical intervention and the statutory obligation to maintain and provide medical records. The court noted the significant delay in providing medical records to the complainants, which constituted professional misconduct. The court concluded that the failure to conduct the ROP examination directly resulted in the child's irreversible blindness, and the compensation awarded was justified given the circumstances (Paras 1-11).
Headnote
A) Medical Negligence - Failure to Conduct ROP Examination - Hospital and Doctors Held Liable - Consumer Protection Act, 1986, Section 21 - The National Commission found that the hospital and doctors failed to conduct a mandatory ROP examination for a premature infant, leading to total blindness. The court upheld the finding of negligence and awarded compensation for the lifelong disability caused to the child (Paras 6.1-6.6).
Issue of Consideration
Whether the hospital and doctors were negligent in failing to conduct a mandatory ROP examination leading to the child's blindness.
Final Decision
The Supreme Court upheld the findings of the National Commission, confirming the hospital and doctors' negligence in failing to conduct the ROP examination, and maintained the compensation awarded to the complainants.
Law Points
- medical negligence
- consumer protection
- retinopathy of prematurity
- medical records
- compensation
