LAWS(NCD)-2023-4-23

PUNIT GOYAL Vs. MRIDUL VOHRA

Decided On April 03, 2023
Punit Goyal Appellant
V/S
Mridul Vohra Respondents

JUDGEMENT

(1.) This Complaint has been filed under Sec. 21 of the Consumer Protection Act, 1986 (for short 'the Act') by Punit Goyal (the Complainant) against Dr. Mridula Vohra, and Bhagirathi Neotia Woman and Child Care Center (the Opposite Parties) seeking compensation of Rs.20.00 Crore for the alleged death of his wife Jyoti Goyal due to the gross medical negligence during second delivery.

(2.) The Complainant's wife Jyoti Goyal, during 2nd pregnancy, was under care of Dr. Mridula Vohra (OP-1). Her expected date of delivery (EDD) was in September, 2014. She was diagnosed as 'Placenta Previa /Accreta', but it was allegedly never disclosed by OP-1. On 14/7/2014, due to acute lower abdomen pain, the patient was admitted in the OP-2 Hospital. The patient was in stable condition, no bleeding and no scar tenderness. The OP-1 did not perform USG and the Duvadilan (R) Test prior to delivery on previous night. It was alleged that the OP-1 never disclosed about the high risk of PPH, blood transfusions and possible need for emergency Hysterectomy. The OP did not take 'High Risk Consent' for Hysterectomy.

(3.) The C-sec. was performed on 15/7/2014. After delivery the patient had profuse bleeding, which could not be stopped. The OP-1 tried to remove the adherent placenta in the small pieces ('Piecemeal'), the bleeding increased further leading to hemorrhagic shock. It was alleged that necessary arrangement of blood and/or its products was not made, but OP-1 hurriedly started Emergency Hysterectomy which further precipitated hemorrhagic shock leading to Cardiac arrest and death in the OT. The OPs obtained signature from Complainant for Hysterectomy by misrepresenting the facts.