Code Pink Gone Wrong: Cloudnine Hospital runs mock drill on Child abduction, Slapped Rs 2 lakh compensation

Gurugram: Holding Cloud Nine Hospital accountable for causing distress to a family due to an unannounced mock drill for child abduction soon after the birth of a baby, the Gurgaon District Consumer Disputes Redressal Commission has directed the facility to pay Rs 2 lakhs as compensation to the newborn's family for the mental harassment caused during the incident.

The order was pronounced by a bench comprising Sanjeev Jindal, President, and members Jyoti Siwach and Khushwinder Kaur.

The case was filed by Vishal Yadav, residing in Sector-4, Gurugram, against the hospital and its Neonatology team. The incident in question unfolded on the night of May 8th-9th, 2019, when Vishal's wife, Dr Surbhi Ahuja, was admitted to the hospital for delivery. According to the complainant, a distressing event occurred at around 5:00 PM on May 9th, 2019, when an announcement was made in the hospital stating that the baby of the mother in room No.101 was missing. This announcement, coupled with a code pink alert for infant abduction, caused immense confusion and anxiety among Vishal's family members who were eagerly awaiting news about the newborn.

After about 30 minutes of turmoil, the family was informed that the earlier announcement was merely a mock drill, causing further distress. The situation worsened when discrepancies were discovered in the baby's blood group mentioned in different hospital documents, leading Vishal to file a complaint of medical negligence against the hospital.

The hospital, however, asserted that the mock drill was part of standard protocol to ensure safety norms but denied any intention to cause distress. They contended that the patient and her husband (Vishal) were in the Operation Theatre during the drill, a claim which the complainant vehemently opposed, stating they were waiting outside during the entire incident.

After a detailed examination of both parties' statements and evidence, the Commission found the hospital guilty of causing extreme mental harassment and agony to the complainant and his family. The Commission ordered the hospital to pay Rs 2,00,000/- as compensation for the mental distress caused, along with Rs. 22,000/- as litigation expenses within 45 days from the date of the verdict. It held;

"The OPs are hereby held as guilty of severe deficiency in service as well as adopting an unfair trade practice which caused an extreme type of mental harassment, agony and pain to the complainant and his family members. That being so, the present complaint is hereby accepted with costs. Accordingly, we direct the OPs-hospital to pay the amount of Rs,2,00,000/- as compensation to the complainant for causing extreme type of mental harassment, agony and pain to the complainant and his family members along-with Rs.22,000/- as litigation expenses. The remaining reliefs as have been prayed for by the complainant are hereby declined being unnecessary and unwarranted. The OPs are directed to pay the aforesaid amount, jointly and severally, within 45 days from the date of this order, failing which the amount will attract interest @ 12% per annum, for the same period, till actual realization. "

Failure to comply with the order might result in legal action under the Consumer Protection Act, including possible imprisonment and fines. The Commission directed the prompt uploading of the order on its website and the file's consignment to the record room after due compliance. It added;

"If the order of this Commission is not complied with, then the complainants shall also be entitled to file the execution petition under Section 71(1) of the Consumer Protection Act, 2019 and in that eventuality, the OPs may also be held liable for prosecution under Section 72 of the said act which envisages punishment with imprisonment for a term which shall not be less than one month, but which may extend to three years, or with fine, which shall not be less than Rs.25,000/-, but which may extend to Rs.1,00,000/-, or with both. The copy of the order be supplied to the parties free of cost as per the rules. The order be promptly uploaded on the website of this Commission. File be consigned to the record room, after due compliance."

To view the original order, click on the link below: