ANUPAM JAIN Vs. UMAKANT PANDEY

JUDGEMENT

(1.) these two appeals arise out of the order dated 29.4.2003 in Case No.242/1997 passed by the District Consumer Disputes Redressal Forum, Rewa.

(2.) The facts of the case in brief are that complainant Umakant Pandey filed a complaint before the District Forum alleging medical negligence against the appellant-opposite party-Doctors, in the treatment of his wife deceased Smt. Chandrakanta. It is admitted fact that Smt. Chandrakanta was pregnant, therefore, she was brought to the Nursing Home of the appellant on 19.12.1996 at 2.30 a. m. She was admitted in the hospital, labour pain continued upto 11.00 a. m. then it was found that there was some complications in the delivery. The appellant took her in the operation theatre and by using Forceps performed delivery at about 1.00 p. m. on 19.12.1996. The delivery was successful and the patient was shifted to the ward. At about 1.30 p. m. the patient Smt. Chandrakanta felt uneasiness. The complainant informed the Doctors who attended her and found that her condition was serious having feeble pulse and chest discomfort. The Doctors tried to control the patient but at 2.05 p. m. the patient Smt. Chandrakanta expired. The complainant respondent has alleged that the opposite party Dr. Anupam Jain has acted negligently and pointed out the following two deficiencies committed by him : (1) While using forceps in delivery the head of the new born child was injured because of mis-handing of the forceps. (2) The opposite party - doctor should have attempted to caesarean method of delivery rather than using forceps.

(3.) The District Forum after appreciation of the evidence gave a finding that the opposite party appellant should have attempted checking the embolism so it does not reach the heart where it blocked the circulation of blood and consequently caused pulmonary emoblism which ultimately resulted death. Therefore, found the appellant responsible for committing medical negligence. The Forum awarded compensation of Rs.1,20,000/- with 9 per cent annual interest from the date of filing of the complaint i. e. , 29.4.2003 with costs of Rs.1,000/-. It is against this order that the appellant has preferred this appeal. Appeal No.843/2003 has been preferred by opposite party No.1 - Dr. Anupam Jain, who has submitted that he has acted according to the norms of medical ethics and is, therefore, not guilty for committing any negligence.