MAMTA BHATT Vs. DR. SUSHILA TIWARI GOVT. HOSPITAL

JUDGEMENT

(1.) This Complaint was filed by Complainant No. 1 Smt. Mamta Bhatt and Complainant No. 2 her husband Sh. Sunil Bhatt against Dr. Sushila Tiwari Govt. Hospital, Rampur Road, Haldwani, Uttarakhand and five doctors (hereinafter referred to as 'Opposite Parties') for medical negligence and deficiency in service due to which the Complainants lost their child during delivery and the uterus of the Complainant No. 1 had to be removed.

(2.) The Complainant No. 1, Smt. Mamta Bhatt, (hereinafter referred to as 'the patient'), was admitted in Dr. Sushila Tiwari Govt. Hospital at Haldwani (OP No. 1- Hospital) on 7/7/2013 at 1.34 am. Her mother in law accompanied her. The patient felt labour pains several times, but no heed was paid to her despite many requests made by the patient's mother-in-law. It was further alleged that for 26 hours after the admission no ultra sound (USG) or other tests were performed. In the early morning at 5.00 a.m. on 8/7/2013, the doctors informed the patient about abnormal foetal heartbeats and caesarean operation was required. It was alleged that the operation was performed by OP Nos. 3 to 5 (Dr. Monika Varshney, Dr. Sakshi Aggarwal and Dr. Garima Sharma), they were junior and inexperienced doctors who performed the operation with the telephonic instructions from OP No. 2 who was not present in the hospital at that time. The newborn died during the operation and the patient also suffered excessive bleeding due to wrong cut. As the patient began to deteriorate, the patient's family members contacted Dr. R.C. Purohit (OP No. 6) who immediately intervened and shifted the patient to I.C.U. Due to heavy bleeding, the patient was in shock. The doctors hurriedly without ascertaining the cause of bleeding performed hysterectomy. A total 8-9 unit of blood was administered. The cause of death of the new born was stated to be due to entangled umbilical cord around the neck. The patient was discharged from OP No. 1 Hospital on 20/7/2013.

(3.) An enquiry committee was set up by OP No. 6 to look into matter of negligence and deficiency in service. The instant case was widely reported and covered in various newspapers. The Complainant No. 1 through RTI got the report of Enquiry Committee and the medical records from the police department. Being aggrieved, the Complainants (1 and 2) filed the Consumer Complaint against the Hospital (OP-1) and the treating doctors for medical negligence and deficiency in service.