RADHASHYAM PRATAPSINGH Vs. WOMENS CLINIC AND NURSING HOME

JUDGEMENT

(1.) The order challenged in this appeal, was passed by the Orissa State Consumer Disputes Redressal Commission in CD No. 19 of 1997. As seen from the record, on 11.11.1996 deceased Anusaya Pradhan, daughter of the Complainant met OP-1/ Dr. Sujata Mohanti for termination of her pregnancy. After check up, she was advised to undergo Suction Evacuation and Laproscopic Sterilization. It was performed on the same day. At about 1.30 in the afternoon, the Complainant was informed that the patient had died on the operation table, when her heart could not be revived.

(2.) The case of the complaint before the State Commission was that the OPs had failed to take due care and precaution before the operation. There was wrong handling of the instruments for sterilization of the deceased, leading to heavy internal bleeding and death. According to the death certificate, the young lady had died due to DIC (Disseminated Intravascular Coagulopathy).

(3.) The State Commission, constituted a Medical Expert Team on 15.3.2005, who filed their report on 22.10.2005. Considering the evidence of the OPs and the report of the expert Team, the State Commission came to a conclusion that the patient had died due to her condition of DIC and not due to wrong handling of instruments. The Complainant had failed to establish the allegation of medical negligence against the OPs. The State Commission therefore, dismissed the complaint.