SHAILENDRA SINGH Vs. MANGLA L PARADKAR

JUDGEMENT

(1.) BY this complaint, the complainant alleging negligence against the respondent doctors in the treatment of his wife, Smt. Vineeta Singh, has sought compensation of Rs. 19,00,952 with 18% interest.

(2.) BRIEFLY stated, the complainant s case is that his 24 -year old wife (hereinafter referred to as the deceased) got pregnant some time in September/October 1999. He took her to the respondent No. 1, Dr. Smt. Mangla L. Paradkar, who along with respondent No. 2, her husband, Dr. L.N. Paradkar, ran a nursing home. The doctor prescribed tonics and periodical check -ups. During the check -ups, they were informed that the foetus was developing normally. The probable date of delivery was some time in August 2000. On 31.7.2000, the complainant s wife developed fever. The complainant took her to Dr. Mangla Paradkar and asked her to admit the deceased, as the time of her delivery was also approaching. The doctor assured them that it was ordinary fever and asked them to come when the labour pains started. The complainant avers that the medicines prescribed by the doctor were ineffective. The deceased s condition deteriorated and she also complained of chest pain. He again took her to Dr. Mangla Paradkar on 3.8.2000, who then admitted the deceased in the nursing home. A sonography was done and it was found that the foetus had died in the womb.

(3.) THE complainant alleges that though the baby in the womb was found dead, no attempt was made by Dr. Mangla to take out the dead baby from the womb. The dead child was delivered at about 11 p.m. The body of the child had turned black. According to the complainant, the deceased was restless throughout the second day, i.e. 4.8.2000. The doctors assured them that she would recover in 3 -4 days. However around 11 p.m., she started loosing speech and consciousness. They requested the staff on duty to call the doctor. The staff told them that the deceased had been administered sedatives, which were making her drowsy. They further stated that the doctor would come only in the morning. At 1 a.m. her condition worsened but the doctors, though by phone, refused to see her till morning. They advised their nursing staff to administer some medicine. When she was examined in the morning, the deceased appeared unconscious. However, they were assured that there was no cause to worry. At 11 a.m. as her condition did not improve and she was also examined by respondent No 2, some medicines were prescribed. At 11.30 a.m. they were told by the respondents that the condition of the deceased was serious and beyond their control. They were advised to shift her to Jabalpur which is about 100 kms. away.