R.P. UNNIYAL Vs. S.V. NURSING HOME

JUDGEMENT

(1.) "Don't Shift Responsibility and Blame"-It is the situation frequently come across that, how some people not only refuse to accept responsibility when they've made a mistake, but they even shift the blame onto someone else...!! The Greek playwright Sophocles put it this way, "It is a painful thing to look at your own trouble and know that you yourself, and no one else, has made it."

(2.) The Complainant filed this Complaint against the OPs-1 to 8 for deficiency and negligence in medical services to his wife. His wife was around 34 years of age, she was a school teacher earning Rs. 2,600 and also earning Rs. 4,800 per month by way of private tuitions. Therefore, the complainant prayed for fixing liability jointly and severally on OPs-1 to 8 to pay Rs. 21,31,200 as loss of income, Rs. 2,00,000 towards medicalbill and Rs. 5,00,000 for mental agony.

(3.) The OPs filed written versions and denied the negligence. OPs submitted that, the patient Sulochana Unniyal was brought for checkup of pregnancy problem on 26.1.2002 at 4 p.m. to OPD of the OPs and medical prescription was issued to her after checkup. At the same time the Complainant and his wife disclosed that the case had already been handled by a local Dai (midwife) and an abortion had already been attempted, but the problem arose and requested for immediate abortion. The OPs denied that she was advised or performed immediate termination of pregnancy on 26.1.2002 itself. As, it was being a National Holiday (26th January) no ultrasound clinics were open in the evening, hence USG was advised next day. However, she was admitted to the nursing home for observation and medicines were started. There was no increase in bleeding and pain during night of 26.1.2002, advised treatment as stated earlier. On the next day of i.e. 27.1.2002, the USG was performed from the nearest ultrasound centre of Dr. Deepak Gupta. The USG report showed the Uterus was Retroverted, (bent backwards), and there was pregnancy of 8 weeks. Thereafter, at about 12.30 p.m. the D & C was performed, but no products of conception came out and the procedure was abandoned with a plan to repeat it under USG guidance. All the facts were explained to the Complainant and his wife. Also a written consent was obtained from both husband and wife; it is Exhibit OPW 1/10.