Can negligence during childbirth be challenged in court?

Answer By law4u team

Yes, negligence during childbirth can be challenged in court in India. If a doctor, hospital, or medical staff fails to provide proper care during delivery, resulting in injury or death to the mother or child, it amounts to medical negligence, and the affected party has full legal right to seek justice and compensation. Legal Remedies Available: 1. Consumer Court – for Compensation Under the Consumer Protection Act, 2019, the victim or family can file a complaint for: Deficiency in service Negligent medical treatment You can claim monetary compensation for: Physical and emotional trauma Disability or death of child/mother Medical expenses Future care and support costs Jurisdiction depends on claim amount: District Commission: Up to ₹50 lakh State Commission: ₹50 lakh – ₹2 crore National Commission: Above ₹2 crore 2. Civil Court – Tort of Negligence You can file a civil suit for damages due to medical negligence based on: Lack of due care Breach of duty by doctor/hospital Injury or loss caused due to that breach 3. Criminal Court – For Gross Negligence If the negligence is severe or reckless, you may also file a criminal complaint under: Section 304A IPC – Causing death by negligence Section 337 IPC – Causing hurt Section 338 IPC – Causing grievous hurt by negligent act FIR can be filed at the local police station. 4. Medical Council Complaint A complaint can also be made to: State Medical Council National Medical Commission (NMC) They can: Investigate the doctor Suspend or cancel the license Take disciplinary action Common Grounds for Challenging Negligence: Delay in performing a C-section despite fetal distress Improper use of forceps/vacuum Failure to monitor labor properly Ignoring signs of complications (like pre-eclampsia, hemorrhage) Not informing the patient about risks and consent Using unqualified staff Evidence Needed: Medical records Hospital bills Expert medical opinion Death/disability certificate (if applicable) Witnesses (nurse, relative present) Any complaint or communication made to the hospital Time Limit (Limitation): 2 years from the date of negligence (for consumer complaint) Can be extended if delay is justified (discovery of injury later, etc.) Example Case: Anuradha Saha v. AMRI Hospital – Supreme Court awarded ₹6.08 crore for wrongful death due to medical negligence, one of India’s highest medical compensation cases. Conclusion: Yes, negligence during childbirth is legally actionable. Depending on the harm caused, victims can approach consumer courts, civil courts, criminal courts, or medical councils to seek justice and compensation.

Answer By Ayantika Mondal

Dear Client, Yes, We see that in the issue of health care provided at birth which may have been neglectful is a matter for the courts. That in the case of health care provider or a hospital which fails to meet accepted standards of care which in turn causes injury to the mother or the baby at birth, we may bring a lawsuit. Understanding the Legal Basis Duty of Care: In each instance of birth what we see is that there was a doctor patient relationship which in turn means the medical professional had a duty of care to the mother and the baby. In most of these cases it is easy to prove. Breach of Duty: This is the issue at hand which you must present that the health care provider did in fact break their duty of care which in turn did not meet the accepted standard of care. This is what we term as negligence. Examples of a breach include:. Failing to recognize and treat conditions like preeclampsia. Use of tools such as forceps or vacuum extractor. Delaying a necessary cesarean section (C-section). Failure of medical professionals to notice changes in the baby’s health which in turn led to fetal distress. Causation and Harm: You will have to prove that the injury the mother or child did sustain was a result of the breach of duty. Also the injury must be that which is a result of the neglect, not one which could have been prevented. Harm may present as physical, emotional, or financial damage. How to File a Case in India. Consumer Courts: This is to be the main way of it. Medical services are included as “services” in the Consumer Protection Act. You may approach the District, State, or National Consumer Disputes Redressal Commission for redress. Civil Courts: In in courts that try tort issues you may bring a civil suit for damages. This is a choice beyond the consumer courts. Criminal Courts: In which we see that for very serious cases which bring about death or great injury due to negligence a criminal case may be brought forward under Indian Penal Code sections like 304A which deals with causing death by negligence. This may lead to criminal action against the health care professional. Medical Council: Also you have the right to take your issue to the National Medical Commission (NMC) or the State Medical Council. While this may not result in monetary compensation it can bring about disciplinary action against the doctor which in turn may include the suspension or cancellation of their medical license. Gathering up all relevant medical reports and also at time a second opinion from another health care provider is a key element in building a strong case. I hope that these answers resolve your issues. Also do not shy away from putting forth more questions. Thank you!