UDAYAN Vs. IMAGING POINT

JUDGEMENT

(1.) On 7/10/2006, Mrs. Anita Shrouti the Complainant No.2 (hereinafter referred to as "the Patient"), during her second pregnancy, consulted Dr. Sarita Bhonsule, Gynecologist and Obstetrician for and was remained under her follow-up for Ante Natal Care (ANC) till delivery. On 8/11/2006 Dr. Sarita Bhonsule for Ultra Sonography (USG) of Pelvis referred the patient to M/s. Imaging Point- the Opposite Party No. 1, the scanning centre. The USG was performed by the Radiologist Dr. Dilip Ghike, (hereinafter referred to as the "Opposite Party No. 2") and reported it as normal. Thereafter, subsequently the Opposite Party No. 2 performed 2nd USG on 8. 01.2007 (17th to 18th week of pregnancy), 3rd USG on 12/3/2007 and 4th USG on 12. 05.2007. It was alleged that all the USG were reported as "no obvious congenital anomalies in the fetal head abdomen and spine". The patient's elective Caesarian Sec. was performed by Dr. Sarita Bhansule on 26/5/2007 at Vaishnavi Maternity Home, Nagpur. After delivery the mother (patient) and the attendants (parents and relatives of patient) were shocked to see the grossly malformed male newborn. The newborn had agenesis of fingers, right leg below knee and left foot below ankle joint. The Complainants alleged that it was due to the Opposite Party No. 2 who negligently performed the USG and issued wrong reports. It was further alleged that it was possible to detect the anomaly between 12 to 14 weeks of pregnancy, but the Opposite Party No. 2 failed to detect anomalies during 2nd, 3rd and 4th USG, most importantly at 17 to 18 weeks. The mother [Complainant No. 2] and Mst. Chidanand [Complainant No.3] were discharged on 30/5/2007.

(2.) It was further alleged that the baby was thoroughly examined by Child Specialist Dr. Ravindra Bhonsule and found few other anomalies like problem with left eye closure, poor blink reflexes & watering and micrognathia with microglossia. There was left sided facial palsy and poor jaw opening which was causing feeding difficulty. Subsequently after proper immunization, the child was taken to Dr. S. Suresh at MEDISCAN, Chennai. On 21/8/2007, Dr. S. Suresh performed abdomen and KUB scan, fontanelle scan, echocardiograph (ECHO) of Mst. Chidanand, which were reported normal. Thereafter, the parents consulted Dr. Sujatha Jagdeesh, Genetic Consultant & Dysmorphologist at MEDISCAN who referred the child to Apollo First Med Hospitals for his abnormalities and limb hypo-genesis syndrome having oro-mandlbuiar disability. Dr. R. Venkataswami, a very senior Plastic Surgeon with specialisation in Hand Reconstructive & Microsurgery examined the child and confirmed that Mst. Chidanand had a facial palsy with lagopthalmos and micrognathia. He asked the parents to search for a company for prostheses of lower limb and called for review after 6-7 months for treatment of hands. He further advised to take an opinion of Ophthalmologist, accordingly on 22/8/2007 at Shankar Netralaya Dr. Ravindra Mohan E, the Director of Oculoplasty and Orbit Service examined the eyes of Mst. Chidanand and noted normal closure of right eye but watery fluid from his left eye. He advised eye drops and further regular follow up with local Paediatric Ophthalmologist. Thereafter, the child was under follow-up of Dr. Amol Tamhne, a Paediatric Ophthalmologist at Nagpur. They took opinion form ENT surgeon Dr. Madan Kapre for Oro-mandibular Hypo genesis Syndrome and hearing problems of the child. The hearing in left ear was normal and moderate sensori-neural hearing loss in right ear. The doctors advised parental counselling and follow-up.

(3.) Again in the month of February, 2008 for 2nd follow up, Mst. Chidanand was taken to Chennai to Dr. R. Venkatswami and Dr. V. Purushothaman, who examined the child and advised leg prostheses for walking and suggested various activities for grasping and holding small objects. The thumb web was released later on. Dr. R. Mohan E asked the parents to wait till baby becomes 1year old for his further intervention. In the month of June 2008, when Chidanand was 1 year old, he was taken for his leg prostheses to Otto Bock at Mumbai. He had been examined by Otto Bock expert team and decided to fit bilateral trastibial prostheses and accordingly, the order was placed. In July 2008, Mst. Chidanand was taken to Mumbai for measurements of both his legs and after a gap of three days, prostheses were given for his mobility. The parents were advised by Otto Block to consult Dr. S. Thote, who deals in manufacturing of artificial limbs in Nagpur. The child was also shown to Dr. Mukund Thatte, Mumbai, the Plastic Surgeon, Hand and Reconstructive Micro Surgery, who advised the treatment for webbing of hands, to make them more functional. It was further submitted that depending on the age and growth of the child, different types of prostheses are required, which incur heavy expenditure in lakhs. The parents were also required to visit hospital and to hospital incur expenditure on travel, stay and consultation of expert doctors.