ISHITA TIKKHA Vs. MANAGING DIRECTOR, APOLLO CRADLE

JUDGEMENT

(1.) This Complaint has been filed under Sec. 21(A)(i) of the Consumer Protection Act, 1986 (for short 'the Act') by the Complainant - Dr. Ishita Tikkha (hereinafter referred to as the 'patient') against Apollo Cradle, Amritsar and its 3 Doctors (hereinafter referred to as the 'OPs- 1 to 4') for alleged medical negligence causing Complainant's pre-term twin delivery and death of twin-1. The Complainant was represented by her mother Dr. Neelam Tikkha as an Authorised Representative (AR) / Power of Attorney. Facts:

(2.) Dr. Ishita Tikkha (the patient), during her pregnancy, was under Antenatal Care (ANC) of Dr. Neera Kripal, Gynecologist (OP-4) at Apollo Cradle, Amritsar (OP-1). It was a twin pregnancy and after investigations, it was diagnosed that one baby was going to born with esophageal atresia. Therefore, as a need for special care and to perform immediate surgery of the newborn, the Pediatric Surgeon - Dr. Harparkash Singh Miglani (OP-3) was consulted on 10/3/2019. The patient, being a doctor herself, expressed her concern about the need of continuous suction of saliva to avoid aspiration in the lungs. The OP-3 recommended the patient to opt OP-1 Hospital for delivery, since he could perform the surgery of esophageal atresia for the newborn immediately after birth. On 5/4/2019, the patient was admitted for delivery in OP-1 Hospital. It was alleged that the OP-4, without examining the patient, performed cesarean Sec. and forced for pre-term twin delivery, by putting high risk to the newborns.

(3.) It was alleged that after the birth, the twins showed very healthy signs, but immediately they were shifted to NICU. It was alleged that after 2 hours, patient's husband - Dr. Himanshu Rai noticed, from the glass window, about the blue legs of Twin-2, which needs to be comforted and kept warm. The OP-3 called him in OPD and asked not to stand near glass, since Dr. Latika Uppal was objecting. Further patient's mother Dr. Neelam Tikkha, at around 4 pm, noticed that both babies had urinated. The diaper was so soaked that the urine was oozing out and the babies were lying in wet beds. The staff did not notice it. There was only one nurse for 4 babies, who was also very busy on her mobile.