Premature Baby Loses Fingers Due to Negligence, Hospital, Doctor Held Liable

Chennai hospital, doctor ordered to pay Rs. 33.75 lakh after premature baby loses all five fingers on his right hand due to medical negligence

In a landmark ruling, the Chennai North District Consumer Disputes Redressal Commission has ordered a private hospital and a gynaecologist to pay Rs. 33.75 lakh in compensation after a premature baby lost all five fingers on his right hand due to alleged medical negligence.

The payout includes ₹23.65 lakh towards medical expenses, ₹10 lakh for pain and suffering, and ₹10,000 as litigation costs.

Negligent Procedure Led to Premature Birth

The case centres on a cervical pessary procedure—a device used to support the cervix and prevent preterm labour—performed on a young woman who was 22 weeks pregnant and undergoing fertility treatment. The Commission found that the procedure was carried out without documented medical urgency and, more critically, without obtaining informed consent from the patient.

Soon after the procedure, the woman went into premature labour at 24 weeks. Her baby was born extremely preterm and admitted to the neonatal intensive care unit (NICU), where he developed gangrene in his right hand. The infection rapidly worsened, eventually necessitating the amputation of all five fingers.

Violation of Medical Ethics and Patient Rights

The Commission held that both the hospital and the treating gynaecologist had failed in their duty of care by not explaining the risks or the emergency nature of the pessary insertion. The lack of informed consent, especially in a high-risk pregnancy, constituted a serious violation of medical ethics and patient rights.

“Informed consent is not a formality—it is a fundamental patient right,” the Commission stated in its verdict. “The absence of urgency, documentation, and proper communication makes this a clear case of negligence.”

However, neither the hospital nor the doctor has publicly responded to the ruling, highlighting a need for greater accountability and transparency in maternity care.

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