MOHANBHAI S. PATEL NAVJEEVAN MATERNITY HOSPITAL OPP. CHATURBHUJ BAUG PATAN Vs. THAKKAR BALDEVBHAI KESHAVLAL

JUDGEMENT

(1.) THIS First Appeal has been filed by Dr. Mohanbhai S. Patel, Opposite Party No.1 before the Gujarat State Consumer Disputes Redressal Commission, Ahmedabad (hereinafter referred to as the State Commission) and Appellant herein being aggrieved by the order of that Commission which had partly allowed the complaint of medical negligence filed against him and others by Thakkar Baldevbhai Keshavlal, Original Complainant No.1 before the State Commission and Respondent No.1 herein and others (his minor children).

(2.) FACTS :

(3.) THE State Commission after hearing the parties and on the basis of evidence produced before it partly allowed the complaint and found only Dr. Mohanbhai S. Patel (the Appellant) guilty of medical negligence and deficiency in service. In its detailed order, the State Commission had concluded that the termination of the pregnancy was carried out without the consent for the same and the Patient and her relatives were also not kept informed about the progress of her condition. After administration of Prostadin injection and cervi prime gel, Patient was not advised about the possible side effects and the possible complications. Further, the Patient was left under the care of a woman called Gangaben who may not have had the necessary skills and competency to supervise the effects of the medication/injection given. Although there was no evidence that any D&C was done and her pregnancy was terminated by giving Prostadin injection and cervi prime gel, this led to complications, including rupture of uterus and bleeding, to which Patient ultimately succumbed. The State Commission 's specific observation in respect of the lack of care and negligence is reproduced :