Doctor exonerated of negligence in treating infant who died

The Maharashtra State Consumer Disputes Redressal Commission exonerated Akola-based pediatrician Manoj Gawande, who was directed to pay a couple Rs one lakh for negligence while treating their infant boy leading to his death.
The commission held that the death of the four-day-old baby boy was not because of medical negligence and deficiency on part of Gawande.
"The death of the complainant's infant child was unfortunate but no medical negligence vis-a-vis deficiency in service on the part of Dr Manoj Gawande could be assumed or fastened on him," Judicial member S R Khanzode and member S B Sawarkar of the state commission recently said.

The commission further observed that no case of medical negligence or deficiency in service on the part of Gawande is established and hence the district forum's finding cannot be supported.
In December 2009, the Akola District Consumer Disputes Redressal Forum had passed an order holding Gawande guilty of negligence and directed him to pay compensation of Rs one lakh to the parents of the victim child - Kirti and Prakash Verma.
Gawande then approached the state consumer forum.

Kirti had on August 9, 2005, delivered a baby boy.
The next day the infant developed fever following which he was referred to Gawande. The child was found having bacterial infection. The baby was treated with IV injection Cefizox and Clavam and pathological examinations were also done.

On August 12, the baby was discharged from the hospital but was brought back after Kirti noticed swelling and rigidness in the baby's hand where injections were given. The baby died on August 13.
According to Gawande, when the infant was referred to him the baby had severe bacterial infections and due care was taken and injections were used as per protocol.
Gawande told the commission that the infant's physical mobilisation was not good and he could not cope with the infections.
The cause of death of the infant/ child is the inability of immunity of the said neonatal body, Gawande said.

The state forum, while exonerating Gawande, relied on a report submitted by senior surgeons from government medical colleges stating that the treatment was proper and the injections were given in proper doses.