LAVKESH SEHGAL Vs. CEO, ROCKLAND HOSPITAL

JUDGEMENT

(1.) The present Complaint has been filed under Sec. 21(a)(i) of the Consumer Protection Act, 1986 (for short 'the Act') by Mr. Lavkesh Sehgal (hereinafter to be referred as the 'Complainant') against CEO, Rockland Hospital, Dwarka and 6 doctors (hereinafter to be referred as the 'Opposite Parties) seeking compensation of Rs.2.00 Crore for act of medical negligence on the part of the Opposite Parties.

(2.) Facts: The Complainant's wife Mrs. Vimple Sehgal was under Antenatal care (ANC) during her pregnancy at Rockland Hospital (Opposite Party No. 1 - Hospital) under consultant Gynecologist - Dr. Kalpana Agrawal (Opposite Party No. 3). During the assessment of foetal growth and mother's wellbeing, ANC periodic checkup, relevant lab investigations including Ultrasonography (USG) were done. The details of visits and the USG findings at Rockland Hospital are as under:- <FRM>JUDGEMENT_58_LAWS(NCD)2_2023_1.html</FRM>

(3.) On 14/8/2014 at 9.33 AM, the Complainant delivered a male baby at Rockland Hospital. Soon after birth, the baby was shifted to Neonatal ICU (NICU) as baby was not breathing properly, and unable to maintain the Oxygen saturation. On 15/8/2014, at around 10.00 pm, the Pediatrician - Dr. Tina Goel (Opposite Party No. 7) called the Complainant to the NICU and informed that the baby had heart disease and asked to shift her immediately to BLK Hospital or Sir Ganagaram Hospital having Pediatric Cardiology facility. Immediately around 1 a.m., by ambulance, the baby was shifted to the NICU of BLK Hospital. In the morning, on 16/8/2014, Dr. Vikas Kohli, Director and HOD, Department of Pediatric Cardiology performed Echo Cardiograph (ECHO) and informed the Complainant that his Baby had 'Pulmonary Atresia with Ventricular Septal Defect (VSD)' (hole in heart) a Congenital Heart Disease (CHD). Dr. Vikas Kohli immediately over phone spoke to Dr. Kalpana Agarwal, who in turn informed that as per USG done during pregnancy, there were no signs of any Congenital Defect. As all USG reports including level-2 (19 Weeks) scan showed normal findings including heart, therefore, she did not recommend any tests further. Dr. Kohli explained to the Complainant about the future implications of pulmonary atresia and VSD, that up to 5 years, the child needs multiple expensive surgeries and thereafter further treatment is necessary, depending upon the age. On 16/8/2014, the child was discharged from the BLK. The Complainant paid Rs.35,130.00 as hospitalization charges.