Child death due to delay in delivery: Court sentences doctor to one-year imprisonment

KOCHI: The Ernakulam Judicial First Class Magistrate Court has sentenced Dr. Kalakumari to one-year imprisonment and a fine of Rs. 3 lakh for the death of a child who died due to unreasonable delay in delivery. If she does not pay the fine, she will face up to six additional months in prison. She has to pay Rs 2 lakh to Suja, the complainant, and Rs 2 lakh to her husband Rajesh as compensation.

Suja was admitted to Ernakulam General Hospital on September 27, 2007. The due date was September 30. Dr. Kalakumari did not come that day as it was a holiday. The next day, Suja was taken to the labor room but transferred back to the ward. According to the complaint, Suja had fever and other related issues but the doctor didn't do a checkup on informing after which her mother visited the doctor in the evening and paid Rs 500.

Suja gave birth on October 2. The case alleges that feces entered the baby's lungs in the womb due to the delay in delivery and that the baby died due to subsequent health problems. The court examined 16 witnesses, including a forensic surgeon. All 15 documents were examined. The court ruled that the doctor had not shown due diligence and consideration as a professional and had made an unforgivable omission.