ARVIND PANDEY Vs. SULEKHA SARAN

JUDGEMENT

(1.) Arvind Pandey, husband of deceased Abha Pandey, on his own behalf and on behalf of his minor son Ayush Pandey as the natural guardian, has filed this complaint under Section 21 of the Consumer Protection Act, 1986, alleging gross medical negligence on part of 8 doctors arrayed as opposite parties no. 1 to 8 as also against (i) Medical Superintendent of CGHS Maternity & Gynae Hospital, opposite party no.9; (ii) Ministry of Health & Family Welfare, Government of India, opposite party no.10; and (iii) Director General, Health Services, Central Government Health Scheme, opposite party no.11, and has claimed a compensation of Rs.25,00,000/ -.

(2.) SUCCINCTLY put, the case set up by the complainant is that while on the family way his wife, deceased Abha Pandey, was being checked up at CGHS Maternity and Gynae Hospital, R.K. Puram, New Delhi (hereinafter referred to as the Hospital) at regular intervals from 10th of September, 1998 onwards. She had undergone as many as eight check -ups until the 10th of December, 1998, during which neither any abnormality or infirmity was either suggested or diagnosed by the attending doctors. Subsequently during the check up on 17th of December, 1998 while no abnormality was found, however, it was for the first time that the doctors informed her that she cannot have a normal delivery and that she would have to undergo a Lower Segment Caesarean Section. A week later on the 23rd of December, 1998 after a pre -surgery check -up and on confirmation that she was not having any complications, she was taken to the operation theater for a caesarean section and a healthy male child was born at 10.35 a.m. As per the complainant, at 10.55 a.m. he was asked by the doctors to arrange for two units of blood from the Blood Bank of Indian Red Cross Society, as a sudden emergency had cropped up. He, accordingly, rushed to collect the blood of required blood group from the Red Cross Society, where only one unit of the requisitioned blood group was available and when he returned to the Hospital, he found that an ambulance was being readied. To his utter surprise, he was informed that due to some serious complication the patient had to be transferred to Safdarjung Hospital for better management. He, along with a doctor and an attendant of the Hospital, rushed to the Safdarjung Hospital and reached there at about 1.30 p.m. and the doctors at the emergency on examination stated that the patient had already expired. The complainant along with his deceased wife thereafter returned to the Hospital but no post mortem was suggested.

(3.) IMPLICATING all the opposite parties and holding them negligent and liable for the death of his wife, the complainant has alleged that the doctors erroneously diagnosed the case of his wife to be a case of caesarean section. According to him, (i) such a procedure was neither necessary nor called for; (ii) there was neglect on part of doctors and other authorities of the Hospital as it was ill -equipped to meet an emergency and (iii) there was total failure on part of the doctors to make provision for blood and other essential medical facilities. Besides, they have failed to ensure timely, correct and proper medical help to the deceased. Stating that the complainant has suffered indescribable mental agony and shock and that Master Ayursh Pandey, complainant no.2, has been deprived of love, affection and care of his mother, compensation of Rs.25,00,000/ - has been prayed for.