MEDICAL SUPERINTENDENT INCHARGE NEHRU HOSPITAL POST GRADUATE INSTITUTE OF MEDICAL EDUCATION AND RESEARCH Vs. KANWALINDER SINGH

JUDGEMENT

(1.) THIS is an appeal filed by the O. P. -Medical Superintendent Incharge, Post Graduate Institute of Medical Education and Research, Chandigarh (for short hereinafter referred as to as PGI) against order dated 1.10.2003 passed by District Consumer Disputes Redressal Forum -II, U. T. , Chandigarh [for short hereinafter referred to as the District Forum] in Complaint Case No.475 of 2000, Kanwalinder Singh and Neelinderjit Kaur V/s. Medical Superintendent Incharge, Nehru Hospital, PGI, Chandigarh.

(2.) THE District Forum held deficiency in service on the part of the O. P. /appellant and medical negligence in treating the respondent No.2 and award a sum of Rs.30,000/ - as compensation with Rs.1,000/ - as costs of litigation. The amount of compensation was directed to be paid within two months from the date of receipt of certified copy of the order failing which it was to carry interest @ 6% per annum till payment. The complaint was filed on the allegations stated briefly as under:

(3.) THE respondent No.2 Mrs. Neelinderjit Kaur wife of respondent No.1 Shri Kanwalinder Singh was having pregnancy of 25 weeks. In the night of 3.4.2000, due to rupture of the membrance of embryo, the aminotic fluid started leaking and by mid -day of the next day i. e. , 4.4.2000s, it had leaked completely and thereby endangering the completion of pregnancy period and safe birth of the child. It was in this condition that she was brought to PGI by her husband Shri Kanwalinder Singh and there she was admitted in the emergency ward of Obstetrics and Gynaecological clinic at 9.00 p. m. on 4.4.2000. The Central Registration number regarding the patient was 224496 of the said date of 4.4.2000. She was found to be under severe infection and the doctor decided to go in for induced abortion. Consequently, she was put on Pitocin on 6.4.2000 and at 21.05 hours, the same day, she was operated and a male child was born alive who was later on expired after three hours of the delivery. The contention of the complainant was that no body in the nursery ward appeared to have seriously considered to keep the newly born baby alive after consulting medical experts of the PGI. The placenta was recovered by the process called Controlled Cord Traction (for short hereinafter referred to as C. C. T.) and morphology was complete. The Haemoglobin level of the patient had gone down from 11.8 gm on 4.4.2000 to 4.2 gm on 7.4.2000. The complainant No.2 - Mrs. Neelinderjit Kaur, the patient was discharged from the PGI in the afternoon on 8.4.2000.