Kevin Samuel 02 February 2026

Deficiency of service in a neonatal case

Respected lawyers, My newborn was born in a labor room which had flies in it. He was soon admitted in the NICU for not crying immediately. It was a forceps delivery and the process had caused a abrasion/wound behind his head. All this was not mentioned in the discharge summary. The next day after discharge, he had severe infection and pus collection and was again admitted in the NICU at another hospital. The doctors told me that this would not have happened without prior developments. The first hospital denied responsibility as well after attempting a lowball settlement attempt that I refused. I would like to know how long it takes for a similar case to reach resolution in the consumer court. I have video proof of the fly incident, but I am not implying that the causation for the infection is because of it. Thank you in advance.

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Quick Summary

This discussion concerns a potential case of deficiency in service at a hospital following a newborn's birth. The issues raised include unsanitary conditions in the labour room, a forceps delivery resulting in a head abrasion not documented in the discharge summary, and a subsequent severe infection requiring NICU admission at another hospital. The original hospital denies responsibility. The user is seeking information on the typical resolution time for such cases in consumer court and advice on gathering evidence and pursuing a claim.

4 Replies

kavksatyanarayana (subregistrar/supdt.(retired)) 02 February 2026

What is your context? If there is any deficiency in service in the Hospital, you can file a case in the Consumer Redressal Forum, but it cannot be said how long it will take.

P. Venu (Advocate) 02 February 2026

You have the option to apprach the Consumer Forum or even a Civil Court. However, the decision would be based on peer expert opinion.

The law/priciple that has been laid down by the Supreme Court is that that doctors are expected to exercise a fair, reasonable, and competent level of skill in their practice. This standard does not necessarily mean the highest level of skill but demands a basic level of competency and knowledge expected of a professional in the field.

T. Kalaiselvan, Advocate (Advocate) 02 February 2026

You may obtain a second opinion from an expert doctor, collect the evidences and file a complaint by online mode before the jurisdictional consumer grievances redressal commission, however only if there are possibilities for pursuing a complaint