CR hospital drags feet in paying up for damaging infant's arm in 1999

Manjali Sinha with daughter Nidhi

Despite waiting for almost 20 years, Central Railway employee Manjali Sinha is yet to get justice in a case of medical negligence that has left her daughter Nidhi with a paralysed arm. Four months after being ordered by the state consumer disputes redressal commission to pay up R31 lakh with interest as compensation to Sinha, the accused Ambedkar railway hospital has decided to approach the Supreme Court against the verdict.

The incident occurred in 1999, when a heavily pregnant Manjali, who was working as a senior clerk in CR, was admitted to the hospital to deliver her second child. She was informed that the birth would be delayed as the growth of the child was inadequate. She was treated for the same and on April 5, 1999, went into labour at 8:15 am.A caesarean section birth was planned by one Dr A Saxena. Sinha was taken to the operation theatre around 7 pm, but as the keys to the theatre keys were not available, she was taken back to the labour room, where she gave birth through normal delivery. Sinha was given episiotomy and forceps were used to take the baby out.

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Nidhi is currently pursuing a BA at St Xavier's College

Damaged left arm

That is when things went south. "In the process, the left arm of the baby had to be pulled out. Later, she was referred to a neurologist, who opined that a brachial plexus injury occurred during delivery, which damaged her left arm. We had to run from one hospital to another for her treatment. She was then taken to the All India Institute of Medical Sciences, New Delhi for examination and surgeries to correct the deformities," said Sinha.

Sinha could only approach the state consumer disputes redressal commission to fight the medical negligence in 2000. The case was later forwarded to the National Consumer Commission, and once again transferred to the state commission. The case kept facing delays because none of the representatives from the hospital would attend hearings.

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Close to 20 years later, in December 2018, the commission finally put Sinha on the path to getting justice by passing an order which said, "Considering the submissions on record and evidence, we are of the opinion that there was deficiency in service by the opposite party's no. 1 and 2 as their failure to perform a caesarean section on time resulted in a permanent disability for the baby girl in the form of a left side brachial plexus injury. Hence, both the opposite parties are liable to pay the compensation."

The accused have to pay up R4 lakh for the indoor treatment, R2 lakh for Nidhi's treatment and R6 lakh for the mental agony the child suffered while growing up. An additional R6 lakh was ordered for raising the child. Along with the interest on the amount owed to Sinha, the amount comes up to around Rs 31 lakh.

Not a single penny

According to the verdict, Ambedkar railway hospital and Dr A Saxena were ordered to split the total amount in half and pay Sinha within two months from the date of the order, along with a 9 per cent interest rate on the amount from the date the complaint was filed, failing which the interest rate will be raised to 12 per cent. But even after four months, Sinha hasn't received a single penny of the compensation, which she was planning to use for Nidhi's higher education.

Nidhi is currently pursuing a Bachelor of Arts at St Xavier's College. Sinha said, "My daughter cannot move her left hand due to the medical negligence. Despite that, she is extremely good at academics. She was a topper in her school and got admission to the St Xavier's College. I was planning on using the compensation money for her higher education as she hopes to pursue economics further. But it has been four months since the verdict, and we haven't received a single penny."

Rs 31 lakh
Compensation amount the hospital has to pay up

Hospital says

When mid-day contacted Dr Preeti Kushwaha, the superintendent of the hospital, she refused to comment. However, a senior doctor from the hospital confirmed that they are planning on approaching SC. "I won't be allowed to make an official comment as it is a court matter, but we haven't paid the amount yet because the hospital, which is under Central Railway, is planning to approach SC."

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