Medico-legal Aspect of Pregnancy and Delivery: A Critical Case Review

Abstract

For all parents and grandparents, birth is a joy, a wonder and a renewal of hope. But, one of the  most devastating, life-changing events for parents is finding out their child suffered cerebral palsy.  NCDRC while awarding compensation observed that human life is most precious; it is extremely difficult  to decide the quantum of compensation in the medical negligence cases. NCDRC pointed out the  difficulty in calculation of compensation and further observed that the multiplier method which typically  used in motor accident cases not often conclusive for „just and adequate compensation‟. Hon‘ble  Supreme Court has held that there is no restriction that courts can award compensation only up to what is  demanded by the complainant. NCDRC cautioned that the corporate hospitals and Specialists, as might  be expected, must perform at a higher level than other hospitals/ general practitioners.  This paper deals with critical analysis of NCDRC Judgment dated 24th April 2015 to understand  the reasons for medical negligence, factors and methods for calculation of compensation in medical  negligence cases and accordingly recommend for prevention of such cases in future.