JUGAL KISHORE Vs. SUNITA MEHTA

JUDGEMENT

(1.) This appeal has been filed by Shri Jugal Kishore, together with his two daughters, against Dr. Sunita Mehta and New India Insurance Company Ltd. The impugned order was passed by the State Commission on 25.10.2007. Before the impugned order, the State Commission by an earlier order of 5.12.2006 had decided that the District Forum, Neemuch, M.P., had no pecuniary jurisdiction to decide this consumer complaint. The State Commission has, therefore, set aside the order passed by the District Forum, Neemuch and withdrawn the matter to itself for decision on the complaint.

(2.) The facts of the case, as seen from the records, are that Smt. Sumitra Bai wife of Complainant No. 1 was admitted to the hospital of OP-1 and delivered a female child through Caesarean Section at 6.58 in the morning on 16.8.2001. The same day, in a subsequent operation, hysterectomy was performed/She died the same evening. Allegedly, due to the negligence of OP-1, while performing the surgery, a blood vessel was cut, which resulted in heavy loss of bloods. The deceased had, therefore, to be given nine bottles of blood in the course of the day. Secondly, during the operation to perform hysterectomy no anaesthetist was present..It is further alleged that despite serious condition of the patient, the uterus was removed which led to further loss of blood and death.

(3.) Responding to the above allegations of negligence, OP-1, Dr. Sunita Mehta informed that even the first child of the deceased was delivered by her. As the first child was born after the age of 35 years, the deceased was advised to keep a gap of at least five years between the two pregnancies. According to OP-1, as the deceased had undergone a caesarean delivery just two years earlier and as she was having severe pain, it was considered dangerous to wait. After the delivery her uterus had contracted, pulse, heart rate and BP were normal and there was no bleeding. However, at 10.30 in the morning there was sudden haemorrhage after which her BP fell drastically. In consultation with other doctors it was decided between 12.15 and 1.15 p.m. to perform the hysterectomy. According to OP-1, an anaesthetist Dr. Soni was present in both the operations. The second operation revealed that the uterus had not contracted due to which there was heavy bleeding.