The commission observed that there were serious deficiencies in the manner in which the procedure was undertaken and in the facilities available at the hospital.

Circumcision gone wrong

According to the complaint, the infant underwent circumcision at the hospital. His mother alleged that immediately after the procedure, the child experienced difficulty passing urine, persistent crying and urine leakage through the dressing. Despite repeated visits to the hospital, his condition deteriorated and he developed an infection.

He was eventually referred to higher medical centres in Thrissur, where he underwent emergency treatment, including urinary diversion surgery. It was alleged that the child’s penis suffered severe damage.

The complainant alleged that the treating doctor lacked sufficient experience in performing circumcisions and that the hospital lacked adequate facilities and proper sterilisation protocols. The family sought Rs 50 lakh in compensation for medical negligence, future treatment and lifelong suffering.

The doctor and hospital denied negligence and said that the circumcision had been performed in accordance with accepted medical standards. They claimed the parents failed to administer the prescribed medicines and did not return for follow-up on the next day. It was stated that the hospital possessed all necessary facilities for conducting circumcision procedures and that there was no lapse, negligence or deficiency in service on their part.

Case of medical negligence

Relying upon medical records the commission found that within a few days of the circumcision procedure, the child had developed serious complications 36 including infection, tissue sloughing, meatal stenosis, and compromised viability of the distal penis, necessitating specialised tertiary care management.

The commission placed reliance on an inquiry conducted by a medical team constituted by the district medical officer.

“The report discloses several serious deficiencies in the functioning and maintenance of the hospital, particularly with respect to infection control measures, sterilization procedures, operation theatre maintenance, and patient safety protocols. The enquiry team found that the hospital did not maintain proper records relating to fumigation procedures or the dates on which such procedures were conducted,” the order noted.

The commission observed that the enquiry team also opined that proper sterilisation protocols had not been followed and that surgical instruments were used without adherence to accepted standards of sterilisation, which could have contributed to the early onset of infection noticed in the child.

The commission remarked that the sequence of events, the nature of the injuries reflected in the treatment records and the findings of the expert medical team collectively constitute circumstances from which negligence could be inferred.

The commission further stressed that there was no evidence to suggest that the injuries were attributable to any negligence or omission on the part of the parents.

“The opposite parties were under a duty to provide a convincing medical explanation for the injuries sustained by the infant. No such satisfactory explanation has been forthcoming. On the contrary, the evidence on record establishes lack of adequate hygiene, deficiencies in facilities, inadequate expertise and failure to maintain proper records relating to the procedure,” the order read.

Holding the doctor, the hospital owner and the hospital jointly and severally liable, the commission awarded Rs 25 lakh as compensation for pain, suffering, lifelong loss of amenities, psychological consequences and uncertainty regarding future urinary, sexual and reproductive functions. It further awarded Rs 25 lakh towards future medical treatment, including multiple reconstructive surgeries and Rs 25,000 as litigation costs.

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