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Maharaja Agrasen Hospital & Ors. v. Master Rishabh Sharma & Ors.

Civil Appeal · 2019 INSC 1378Decided 16 Dec 2019
Civil Appeal No. 6619 of 2016
Justice Uday Umesh Lalit · Justice Indu Malhotra

Background

A baby born prematurely at 32 weeks was treated in the hospital's neonatal ICU for nearly four weeks. Premature babies are at high risk of Retinopathy of Prematurity (ROP), a condition that can cause blindness if not screened for and treated promptly, but the hospital's records showed no proper ROP screening protocol was followed and no adequate advice was given to the parents about the need for follow-up ROP checks. By the time ROP was actually diagnosed, it had progressed to Stage 5 in both eyes, the most advanced, irreversible stage, leaving the child permanently blind. The National Consumer Disputes Redressal Commission held the hospital and its doctors liable for medical negligence and awarded compensation, which the hospital appealed while the family separately appealed for a higher amount.

Decision Breakdown

The Supreme Court examined the hospital's and doctors' own records in detail and found no credible evidence that a proper ROP screening was ever conducted or that the parents were adequately warned of the risk and the need for timely follow-up examinations: a clear departure from the established medical protocol for premature infants. Applying the tort principle of restitutio in integrum (restoring the victim, as far as money can, to the position they would have been in absent the wrong), and noting that the litigation had been pending for years without accounting for ongoing costs like an attendant, special schooling, and assistive devices, the Court enhanced the compensation by a further lump sum of Rs. 12 lakh (bringing the total to Rs. 76 lakh). It dismissed the hospital's appeal, allowed the family's appeal for enhancement, and laid out a detailed, closely supervised scheme for investing the compensation (post office deposits, a PPF account, and a fixed deposit) to secure the child's long-term education and welfare, with the Supreme Court Registrar overseeing disbursement.

Lesson Learnt

Hospitals and doctors treating high-risk newborns must follow established screening protocols (like ROP checks for premature babies) and clearly document and communicate follow-up requirements to parents: failure to do so, resulting in preventable permanent injury, amounts to actionable medical negligence, and courts can structure compensation awards with safeguards to ensure the money actually benefits the injured child over their lifetime.

Official source (sci.gov.in)View Judgment (PDF)

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