AFSANA BANO ALIAS BABY Vs. MANJU VERMA

JUDGEMENT

(1.) The Complainant Smt. Afsana Bano consulted Dr. Manju Sharma (OP-1) as her family doctor on 03.02.1997 for her pregnancy and she was under regular follow up. As per advice by OP-1, an ultrasound (USG) was done in Narayan Ultrasound Clinical on 03.06.1997, and reported as 17-18 weeks of live pregnancy (Annexure-1). The OP-1 informed the Complainant about the expected date of delivery (EDD) as 10.11.1997. During regular check up, the USG study was performed by Dr. Mukti Bhatnagar on 23.06.1997, 26.06.1997 and 23.08.1997. Also laboratory checkups at Dr. Ramesh Mitra Pathological Clinic and Dr. Anup Tripathi Pathological Lab were performed. The Complainant paid Rs.25,000/- on 03.11.1997 and the OP-1 did not issue any receipt. On the instructions of OP-1, the Complainant was admitted in a Medical College on 10.11.1997 for immediate delivery by caesarian operation (LSCS) in the private ward. On 11.11.1997, the OP-1 visited the patient and further advised for ultrasound, blood test and urine test. The report was sent to the house of OP-1. The OP-1 did not disclose anything to the complainant about the reports. Thereafter, the OP-1 regularly visited the Complainant till 16.11.1997, thereafter the OP-1 went on leave without any information to the complainant or any alternate arrangement for the patient.

(2.) On the next day the OP-2 examined the patient (Annx-3B). All of a sudden, on 17.11.1997 at 04:00 a.m. the Complainant became serious prior to delivery, there was bleeding, nobody attended the patient till 11:00 a.m. The Complainant was taken to labour room with the help of a Safai wali and available family doctor, but no doctor was available to attend her till 05:30 p.m. Thereafter, at 06:00 p.m. with the help of OP-2 LSCS was performed. It was performed after 14 hours and with carelessness. The child after delivery developed serious complications and the child was admitted in S.R.N. Children Hospital, Allahabad, on 19.11.1997. The concerned Dr. P. C. Mishra stated that the condition of the baby was serious due to damage in the lungs, stomach; also there can be a possibility of damage to the heart and brain of the child. The child was treated up to 25.11.1997 under the supervision of Dr. P. C. Mishra and Dr. Rajiv Saran. Due to this episode the relatives of the Complainant have to stay for one month in the hospital, the child suffered pneumonia (Annx. 4). Thereafter the child did not improve much; and showing abnormal activities day to day. Therefore, on 12.07.2002, the child was checked by Dr. A. K. Srivastava at Viklanga Kendra, Allahabad (Annx-5). Thereafter, on 01.04.2004, further consulted with Dr. R. K. Singh who informed about the impossibility of cure of the child and issued a certificate of permanent disability (Annx-6 and 7).

(3.) Finally, on 10.06.2005 the Complainant met the OP-1 and discussed her child's problem but the OP-1 turned a deaf ear and defended that it was not her case, and asked the Complainant to contact Dr. Tandon, a Mental Specialist. The OP-1 sent her without issuing any reference letter, but OP-1 directed her ward boy to write a letter to Dr. Tandon. Aggrieved by those events, the Complainant served two notices to the OP-1 & 2 on 12.03.2005 and on 12.05.2005 and asked to refund the amount of the treatment and operation which she did not perform. The OP-1 did not respond to those notices. The Complainant filed a FIR and also filed a Consumer Complaint before this commission on 31/08/ 2005 alleging that, OP-1 and 2 for spoiling the life of her child and negligent in their duties and prayed for compensation from OP-1 and 2 of sum of Rs.1,32,12,921/- under different headings, which are as: