Info Doctcare Services : India's Largest Professional Risk Management Service Provider for Doctors, Hospitals,Nursing Homes & Diagnostic Centers

OFFER Get upto 75% Discount on Premium !! Buy Now

NCDRC Upholds Medical Negligence: Doctor Liable for Forceps Delivery Injuries to Newborn

Written by: Doctcare services - Legal Team |
Writer Name: Advocate, Arpit Singh
Created on: 2025-06-27 05:52:43
image

Case Brief:
A woman, K. Sreelatha, gave birth via forceps-assisted delivery at Dr. P. Yashodhara’s hospital in Nellore, Andhra Pradesh. The baby suffered scalp crush injuries, necrotizing fasciitis, and brain damage allegedly due to negligent handling. Despite the mother’s request for a C-section due to the baby’s size, the doctor insisted on forceps delivery. The child required prolonged treatment at CHILDS Trust Hospital in Chennai, incurring significant medical costs.

Court’s Order Summary:
The National Consumer Disputes Redressal Commission (NCDRC) affirmed medical negligence but reduced the compensation awarded by the State Commission. The doctor was directed to pay:

    1. ₹72,530 for treatment expenses,
    2. ₹10,00,000 for negligence and mental agony,
    3. ₹50,000 as litigation cost, with interest @ 9% per annum from the date of complaint (26.08.2011) till  realization. Non-compliance within 8 weeks would raise interest to 12% p.a

    Editorial

    NCDRC Upholds Medical Negligence: Doctor Liable for Forceps Delivery Injuries to Newborn View Pdf
    Supreme Court : Cheque Bounce Complainant Is 'Victim', Can Appeal Acquittal Without Prior Leave The Supreme Court holds that complainants under Section 138 NI Act qualify as “victims” under CrPC, allowing them to appeal acquittals directly under the proviso to Section 372. View Pdf
    Hospital and Doctor Held Guilty of Medical Negligence; Patna Consumer Commission Awards ₹36 Lakh for Retained Stent Post-Surgery View Pdf
    The Karnataka High Court - High Court Quashes Medical Negligence Case Against Doctors for Lack of Expert Opinion View Pdf
    Supreme Court Of India quashed the charge of culpable homicide (Section 304, Part 1 of the IPC) against a doctor who gave telephonic instruction to a nurse to administer an injection, which led to a patient's death due to an adverse reaction. View Pdf
    NCDRC : Doctors Not Liable If Treatment Follows Recognized Medical Practice Complaint Dismissed Against Eye Specialists Over Alleged Steroid-Induced Cataract View Pdf
    Supreme Court of India —"We have sympathy for the appellant, but sympathy cannot translate into a legal remedy"—highlights a key principle in judicial reasoning: decisions must be grounded in law and not in emotion. The Supreme Court bench, comprising Justice L. Nageswara Rao and Justice Sanjay Kishan Kaul, essentially reinforced that sympathy alone is not sufficient to establish legal liability, particularly in complex domains like medical negligence View Pdf
    Supreme Court of India - "We, therefore, direct that whenever a complaint is received against a doctor or hospital by the Consumer Fora (whether District, State or National) or by the Criminal Court, then before issuing notice to the doctor or hospital against whom the complaint is made, the Consumer Forum or Criminal Court should first refer the matter to a competent doctor or a committee of doctors specialized in the field relating to which the medical negligence is attributed. Only after that doctor or committee reports that there is a prima facie case of medical negligence should notice be issued to the concerned doctor/hospital. View Pdf
    NCDRC has directed Dr. Anirban Chatterjee, a vascular surgeon, and Nightingale Diagnostic & Medicare Centre Pvt. Ltd., Kolkata, to jointly and severally pay ₹ 75 lakh in compensation to a 17-year-old patient who lost her right leg due to medical negligence during a surgical procedure View Pdf
    Section 138, Negotiable Instruments Act – Andhra Pradesh High Court Holds That Lok Adalat Award in Criminal Proceedings for Cheque Dishonour is Executable as a Civil Court Decree. View Pdf
    The West Bengal State Commission, led by Justice Manojit Mandal, found a doctor guilty of medical negligence and poor service for failing to get the patient's written consent before starting the treatment. View Pdf
    NCDRC Dismisses Medical Negligence Claim Against Kims Al-Shifa Hospital View Pdf
    "Supreme Court Orders Surgeon to Compensate Patient ₹3.5 Lakh for Post-Cataract Surgery Infection" View Pdf

    About Company

    Services

    Medical Negligence

    2025 Info Doctcare Services Pvt. Ltd.