Hospital, doctor directed to pay Rs 50 lakh compensation for failure in detecting anomaly during gestation period

The Kerala State Consumer Disputes Redressal Commission recently directed Malappuram-based hospital and its doctor to pay Rs 50 lakh as compensation to a woman who gave birth to a child with 90% locomotor disability. It was alleged that neither the hospital nor the doctor had even given her any indication regarding the abnormality of the child before delivery despite repeated scans.
While considering the matter, the State Consumer Court had set up a Medical Board, which had opined that the doctor had not exercised reasonable skill while conducting the ultra-sound scan. The Board had opined that if the doctor had exercised reasonable skill, the deformity could have been detected at the scan done when the gestation age was sixteen weeks.
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