HARJEET KAUR Vs. SANTOKBA DURLABHJI MEMORIAL TRUST

JUDGEMENT

(1.) This complaint has been filed under Sec.12 of C. P. Act, 1986 to claim a total compensation of Rs.15,28,858/- under different counts as narrated in the complaint against the O. Ps.-SDM Trust and SDM Hospital, Jaipur.

(2.) Facts relevant for disposal of this complaint in brief are that Smt. Harjeet Kaur was having a pregnancy in the year 1993 and had got her check-up from one Dr. Sharda Rao working in the hospital of O. P. No.1. It is the case of the complainants that Smt. Kaur got herself medically checked on 11 occasions by Dr. Sharda Rao between the period from 21.12.1993 to 5.8.1994. After her medical check-up, Dr. Rao advised to get a Sonography done as Smt. Kaur had some inconvenience. That after receipt of the Sonography Report, the complainant alleges, Dr. Rao told her that there is no head in the child who is progressing birth in the womb and that there are feeble heart-throbs of the child; hence either a dead child would be given birth or that the child would die immediately after the birth. On coming to know about this, complainant Smt. Kaur was stunned but as she has no option, she had to rely upon the version given by Dr. Rao. According to the complainant, on suggestion that Sonography be got done at some other place, she was rebuked and was told that no better facility is available at any other place than at their own. The complainant Smt. Kaur, therefore, was got admitted in the Hospital (O. P. No.2) on 5.8.1994 after payment of requisite charges. The complainant's grievance further is that after admission, she was not attended for almost 12-16 hours despite repeated requests made by her and her husband nor she was got medically examined by any expert medical person. The complainant further narrates that she was medically examined on 6.8.1994 by one Dr. Preeti Sharma of Hospital (O. P. No.2) which advised that an immediate operation is needed for safe delivery of the child. However, before the operation, one more Sonography was got done and thereafter the complainant Smt. Kaur gave birth to a female child (complainant No.2) which not only possessed the head but that her heart-throbs were also normal.

(3.) It is the grievance of the complainant that it is because of the negligence and unskillfulness of the doctors of the O. Ps. that during operation, the child got a number of cuts in her mouth and hence when her condition became serious, the child was kept in ICU and 16-18 stitches were administered in the mouth of the child.