Parties: Kamal vs Doctor
Court: DCF, Sirsa
Date of Decision: 18.07.2023
Specialization: Pediatrician
The complainant has alleged that at the time of pregnancy of his wife, she was suffering from Hepatitis B but after delivery of the baby girl on 08.05.2019 the pediatrician mentioned the disease as HCV i.e. Hepatitis C positive on the file/ prescription slip of new born baby instead of Hepatitis B and as such required vaccination which ought to be administered upon newly born baby could not be injected to her rather the treatment of Hepatitis C was administered upon the newly born baby due to which baby is still under treatment.
Alleging medical negligence and suffering to new born baby complainant seeks compensation of Rs. 9 lacs.
The Pediatric doctor contented that, no vaccination is available for Hepatitis C, vaccination is only available for Hepatitis B which was duly administrated to baby as the mother was Hepatitis B + ve.
No treatment for HCV was given as it was not required, baby was discharged in stable condition on 13.05.2019, and alleged doctors filed the treatment records to prove his contention.
The complainant has failed to place on record any test report of the newly born baby that she was actually suffering from Hepatitis B whereas it is duly proved on record that her mother was suffering from Hepatitis B and only due to inadvertent mistake of the staff of the hospital Hepatitis C was mentioned on the file of newly born baby. The complainant did not submitted any file which shows the treatment of Hepatitis C was given to baby. At present there is no sign of Hepatitis B in baby and she is fit and fine.
Court found no negligence and dismissed the complaint against paediatricians.
