BABY VANI BHATTACHARYA Vs. SURANJIT DUTTA

JUDGEMENT

(1.) The Complainant is a 5 year old minor baby girl and the present Complaint was filed by her father and the natural guardian Shri Partha Sarthi Bhattacharya (hereinafter referred to as the 'Complainant/Patient') under Section 21 of the Consumer Protection Act, 1986 (in short "the Act") against the Opposite Parties who were responsible for the alleged medical negligence resulted delivery of Hydrocephalus baby. COMPLAINT:

(2.) On 22.02.2013, the Complainant's wife during her 2nd pregnancy consulted Dr. Suranjit Dutta- the Obstetrician and Gynecologist - (hereinafter referred to as the "Opposite Party No. 1") at Khanna Nursing Home (hereinafter referred to as the "Opposite Party No. 2"). She categorically informed the doctor about her first daughter suffering from 'Autism' and therefore requested to take every precaution and to carryout possible diagnostic tests to avoid any physical and mental defect to her 2nd child. Throughout 9 months of pregnancy, she was under the Antenatal care (ANC) of Dr. Suranjit Dutta. It was alleged that the Opposite Party No. 1 conducted first Ultrasonography (USG) on 13.04.2013 and thereafter doctor never advised 2nd level USG. The patient delivered healthy female baby on 24.10.2013, it was normal delivery. The mother and the child were discharged on 25.10.2013. Thereafter, on 11.11.2013, the Complainant noticed that the baby's head had started to swell and consulted the Pediatrician Dr. Dinesh Goyal in the same hospital. After MRI and other lab investigations it was diagnosed that the baby was suffering from an incurable congenital disease "Gross Communication Hydrocephalus". The parents had discussion with few other doctors and learnt that Hydrocephalus could have been diagnosed easily during early pregnancy and timely aborted the unwanted pregnancy.

(3.) On 19.11.2013 the baby underwent VP Shunt surgery at Shri Balaji Action Medical Institute and discharged on 28.11.2013. The shunt was implanted through her head up to her stomach Thereafter, on 14.12.2013 baby developed infection (meningitis) and again admitted to Shri Balaji Action Medical Institute. Baby was treated with numerous antibiotics and other medicines and discharged on 05.01.2014. Again at 3rd occasion the baby was admitted on 11.01.2014 for meningitis. The doctor surgically removed the VP shunt and the baby was discharged on 12.03.2014.