HC orders Tk 5 crore compensation over newborn’s death, directs investigation

The High Court on Monday ordered the Delta Medical College Hospital to pay Tk 5 crore compensation to the family of a newborn whose hand was broken during treatment for jaundice. The court also demanded an explanation on why punitive action should not be taken against those responsible for medical negligence.

A bench led by Justice Fahmida Kader issued the rule and instructed the hospital authorities to conduct an investigation and submit a report within three months.

The newborn’s father, Nur Safah, had filed a writ petition alleging negligence by the hospital’s doctors and staff. The baby, just seven days old, was admitted on April 3 under Dr. A.K. Khairul Anam Chowdhury for high bilirubin levels and phototherapy.

According to Nur Safah, the hospital staff allowed breastfeeding only two to three times a day, requiring the mother to pump milk for them to feed the baby during treatment. Family members were barred from seeing the newborn from midnight to 7 am.

On discharge, the hospital informed the family that the baby’s right hand was painful due to a cannula, advising minimal movement. However, after returning home, the family found the baby’s right hand fractured above the elbow, causing severe pain.

Upon returning to the hospital, doctors denied responsibility and accused the family of causing the injury at home. The hospital also advised them to get an X-ray at another facility due to lack of equipment.

Nur Safah suspects the injury happened during the night and alleges the hospital sedated the baby to hide the incident.

The High Court’s directive marks a significant step toward holding medical professionals accountable for negligence and ensuring justice for the affected family.