MRITYUNJAY KUMAR Vs. PUSHPANJALI CROSSLAY HOSPITAL

JUDGEMENT

(1.) The Present Complaint has been filed under sec. 21 of the Consumer Protection Act, 1986 (for short "the Act") by Mr. Mrityunjay Kumar and 2 Ors. against Pushpanjali Crosslay Hospital, Vaishali Ghaziabad, and 6 Doctors (hereinafter referred to as the 'OPs', seeking compensation for alleged medical negligence on the part of OPs.

(2.) The facts leading to the present Complaint are that the wife of the Complainant No. 1 - Mrs. Aparna Singh, an Advocate, aged about 33 years, (since deceased, hereinafter referred to as the 'patient') consulted OP-2, Dr. Shubha Saxena - Gynaecologist and Obstetrician for her pregnancy. Her expected date of delivery (EDD) was 22/9/2011. It was alleged that the OP-2 examined her casually. She did not record weight or BP as mandatory. Few tests including an ultrasonography (USG) examination found to be normal. Thereafter, the patient was under regular Antenatal check-up (ANC) under the OP-2 till 9/9/2011. Total 18 OPD/ANC consultations were held. In the month of August, 2011, she was diagnosed as case of 'gestational diabetes'. The OP-2, for the first time, on 6/9/2011, examined the BP and found it was high, therefore, she advised delivery by Lower Segment Caesarian Sec. (LSCS) before EDD. The OP-2 examined the patient on 9/9/2011, and recorded BP 160/100 mm of Hg in her own hand writing and prescribed injection Betnesol 12 mg IM (steroid).

(3.) In the morning of 12/9/2011, for elective LSCS, the Complainant No. 1 got his wife admitted in Pushpanjali Crosslay Hospital at Ghaziabad (hereinafter referred to as the 'OP-1 / Hospital'. The patient was taken to the Operation Theatre (OT) around 12:30 p.m. and delivered a female baby at around 1.22 p.m. After delivery, Injection Methergen was given to her. In the OT itself, the patient developed severe hypertension and pulmonary edema and at 4:15 p.m., she was taken to surgical ICU. Thereafter, around 8:00 p.m. she was shifted to Cardiac Intensive Care Unit (CCU). She suffered cardiac arrest at 5:45 a.m. and expired. The hospital gave the cause of death as-"Mild PIH with peri-partum cardiomyopathy, post LSCS with severe LV systolic dysfunction, global LVEF-25 to 30% with acute LVF with pulmonary edema, ventricular tachycardia".