DAKSH HOSPITAL Vs. MANJU SAINI

JUDGEMENT

(1.) Pregnancy isn't always easy, but, just knowing your baby is growing inside of you is one of the most rewarding experience a woman can enjoy. Life's biggest miracle is the gift of having life growing inside of you. Moreover, any woman who has felt a baby stir inside her and any man, who has seen the tiny heart pulsating on an ultrasound screen, know that abortion is about ending a life.

(2.) Brief facts that on 04.07.2011 Smt. Manju Saini (the complainant for short 'the patient') approached Dr. Monika Gupta, Gynecologist (OP-2) at Daksh Hospital (OP-1). After examination, the Urine Pregnancy Test (UPT) was positive and Ultrasonography (USG) was performed at OP-1 Hospital. It was alleged that, USG was reported as the fetus was dead. There was danger to patient's health also. The OP-2 gave advice to undergo Dilatation and Curettage procedure (D&C), but the complainant denied for the D&C. Therefore, for aborting the fetus OP-2 gave medicines (tablets).

(3.) The complainant was under fear and stress due to advice of OP-2, therefore for her further treatment she got admitted in Rajkia Mahila Hospital at Alwar. Again on 05.07.2011, USG was got done at Cure well Diagnostic Centre and reported as healthy fetus of 6 weeks 2 days. The complainant got scared because of the error made by OP-2 and under apprehesion that if she continued the medicines for aborting the child she might have suffered more serious problems. She would have lost her life as well as the fetus. Thereafter, she continued her pregnancy and gave birth to a healthy male child on 18.02.2012. Being suffered by physical and mental agony due to the careless duty of OP-2, the complainant filed a consumer complaint before the District Forum, Alwar, for seeking compensation of Rs. 75,000/- along with Rs. 10,000/- as cost of litigation.