NABHAN FARHAN SAH Vs. LATHA SHARMA

JUDGEMENT

(1.) COMPLAINANTS case, in brief, can be stated as follows : Complainant Nos. 2 and 3, after their marriage, went to Jeddah in Saudi Arabia where complainant No. 3 was employed. Both complainant Nos. 2 and 3 came down to Mangalore, on vacation in December 1998. In January, 1999 complainant No. 2 became pregnant. After vacation, complainant No. 3 returned to Jeddah entrusting his wife complainant No. 2, to the care of OP1 who is a Gynaecologist practising in Mangalore.

(2.) COMPLAINANT No. 2 was undergoing regular check -up with OP1 till delivery. The complainants contend that OP had given them the expected date of delivery as 21.10.1999. On that day complainant No. 2 was admitted to OP 5 Hospital. After waiting for 4 days OP No. 1, in the presence of OP2, conducted caesarean suction at OP5 Hospital and brought out the male baby who is complainant No. 1. Thereafter, OP2 being a pediatrician removed the placental liquid through endotracheal tube. It is stated that at about 2.00 p.m. on 26.10.1999, the baby is said to have had respiratory disorder and OP2 who was informed of the same shifted the baby to OP6 Nursing Home in Mangalore where there existed a neonatal unit. Assistance of OP3 and 4 doctors was also taken.

(3.) ON 29.10.1999, the baby had passed blood in the stool; fresh blood plasma was taken from 2nd complainant s sister and the same was transfused to the baby. Thereafter passing blood through stool stopped. The baby was settling well. On 1.11.1999, the complainants were told to arrange O +ve blood for transfusion to the baby. Since the said group was not readily available, blood was obtained from the Blood Bank at OP6 Hospital. Blood was transfused to the baby on 2.11.1999. Complainants contend that during all these days there were repeated blood tests conducted by the OP No. 6 Hospital indiscriminately extracting the blood from the vein and arteries of the baby without properly identifying and locating the vein and the artery. The complainants further contend that extraction of blood from the baby was by way of experimentation. In the process the Nurses and the Doctors in OP6 Hospital had punctured the left radial artery of the baby whereby there was blood clotting and thrombosis formed.