Mumbai's Lilavati told to cough up Rs5 lakh for medical negligence

Sanjay and Tulika Aggarwal lost their eight-year-old daughter Sonakshi in 2004.

They complained against the trustees of Lilavati Hospital & Research Centre and Dr Deepak Ugra, alleging negligence in his daughter's treatment.

Seven years later, the Mumbai Suburban District Consumer Disputes Redressal Forum told Lilavati Hospital to pay Rs5 lakh compensation and an additional Rs10,000 as cost of complaint.
President of the forum JL Deshpande and member DS Bidnurkar held the resident doctor on duty Dr Mili Gala negligent and the hospital guilty of deficiency in service. But they dismissed the complaint against Dr Ugra, the then medical officer, blaming the delay in informing him about the emergency.

The girl was admitted to the hospital at 3am on June 11, 2004. According to the complaint, Sonakshi was not attended by any doctor between 3.30am and 6.30am, except a short visit by Dr Gala to help a nurse extract blood for investigation. The nurse overlooked signs of deterioration shown by the patient. Sonakshi was shifted to Pediatric Intensive Care Unit at 6.45am and she died at 8.30am. Her post-mortem report cited pneumonitis (lung infection) as the cause of death.

"Unlike the last two days of fever and vomiting, Sonakshi became uneasy and had some 'jerks' in her body at 4.45am and my wife summoned the nurse on duty, who after examining her said there was nothing to worry as this was common symptoms in such cases," said the complaint.

"The nurse raised one side of the bed reassuring my wife and ignored requests to call the doctor. A few minutes later, the same symptoms cropped up and the nurse put an oxygen mask, saying Sonakshi had a breathing problem," said the complaint. Though the hospital denied any lapse on the doctors' part, the forum wasn't convinced.

While the Aggarwals wanted a compensation of Rs18 lakh, the forum observed that Rs5 lakh would be adequate for the mental agony, pain, suffering, resulting from the child's death.