ADLAKHA HOSPITAL Vs. MANDEEP KAUR

JUDGEMENT

(1.) MANDEEP Kaur respondent No. 1 (in short, "the respondent") was married. She had become pregnant. She went to the appellant hospital owned by Dr. (Mrs.) Sharda Adlakha appellant No. 2 (in short, "the appellant") for medical check up regarding the pregnancy and growth of the child. She was examined by the appellant, who was a gynaecologist and working in the appellant hospital. The respondent was regularly checked up by the appellant and during her pregnancy, the respondent was also subjected to ultrasound tests by the appellant for 3 times to know about the position of the child, number of foetus inside the womb and other factors relating to the progress of the child.

(2.) IT was further pleaded that on 28.5.2002, the appellant conducted ultrasound on the respondent and it was reported that "the gravid uterus was showing a single foetus. The foetal heart movements were normal. The placenta was anterior. It was in the upper segment. The amniotic fluid was normal. The foetal maturity was 25.5 weeks and the E.D.O.D was 6.9.2002 + - 7 days".

(3.) IT was further pleaded that the appellant advised medicines, diet and other requisite care considering the single foetus in the womb of the respondent. The respondent was also mentally prepared for giving birth to a single child and the delivery was expected on 6.9.2002 + - 7 days.