MALA PRASAD Vs. S VIJAYALAKSHMI

JUDGEMENT

(1.) This appeal is filed by the original complainants against the decision of the Karnataka State Consumer Disputes Redressal Commission in Complainant No. 157 of 2000. The matter arises out of the death of the first child of the Complainants, Mala Prasad and her husband, R.A. Prasad at OP-2/Laxmi Nursing Home, on 5.11.1999.

(2.) The case of the Complainant before the State Commission was that, a week prior to this incident, she was checked by OP-1/Dr.Vijay Laxmi on 28.10.1999. She was informed that the child was healthy and there were no complications. On 3.11.1999, the Complainant had to be admitted to OP-2/Laxmi Nursing Home as labour pains had started. On 4.11.1999, OP-1 advised caesarean Section. According to the Complainant her consent was given but caesarian delivery was not performed. Scan report showed that the child had died in the womb itself. The next morning, she delivered a still borne baby. The case of the Complainant was that the child could have been saved if the caesarean delivery had been performed on 4.11.1999, without wasting time.

(3.) According to the OPs, the Complainant was a rare case of "abruptio placenta". It was due to variation in the blood pressure of the patient and was not caused by any medical negligence in her treatment. Abruptio placenta occurs, when the placenta get suddenly detached, resulting in cutting of the nutrients supply to the child from the mother. After that, the death of the child is imminent.