V K SURI Vs. SUSHMA AGGARWAL

JUDGEMENT

(1.) SEEKING compensation of Rs. 15,00,000 for alleged medical negligence on the part of O.Ps. present complaint has been filed by the complainant as his son Master Chintu has been declared physically handicapped on account of failure of O.Ps. to diagnose the problem prior to his birth or afterwards.

(2.) BRIEF facts leading to the present complaint are that the son of the complainant was born on 16.6.1992 at the Shubham Hospital, DD -15, Kalkaji, New Delhi and the delivery case was also handled by Dr. Sushma Agarwal. The post -natal treatment was given by Dr. Arun Gupta, Neonatal and Child Specialist, Consultant at Shubham Hospital.

(3.) DR . Sushma Agarwal and Dr. Arun Gupta, O.Ps. have shown gross negligence in performing their legitimate duties toward the child as they could not diagnose any problem prior to the birth of the child or during the birth and exact problem during the post -birth care and kept the child on tonics and vaccinations. The child was under the treatment of Dr. Arun Gupta but the factual position as regard to the disability of the child was never brought to the notice of the complainant.