TIRATH RAM SHAH CHARITABLE HOSPITAL Vs. KAMINI YADAV

JUDGEMENT

(1.) The present Revision Petition has been filed before this Commission under Section 21(b) of the Consumer Protection Act, 1986 against the impugned order dated 25.9.2008 in Appeal No. 52/2006 passed by the State Consumer Disputes Redressal Commission (in short, 'State Commission'). The State Commission dismissed the Appeal filed against the order in Complaint No. Consumer Complaint 185 of 2003 dated 19.12.2005 passed by the District Consumer Disputes Redressal Forum (in short, 'District Forum').

(2.) The Complainant's wife Mrs. Kamini was attending the Antenatal Clinic of the OP Tirath Ram Shah Charitable Trust Hospital during her pregnancy. On 14.9.2002 she was admitted to OP hospital with severe pain of pregnancy. She was checked up regularly by senior consultant Dr. S. Budhiraja who found that the patient and the baby were in normal condition. On 15.2.2002, at 5 p.m., Caesarean Section (LSCS) was performed, and a male baby was born. Baby survived for 24 hours thereafter and passed away, suddenly. It was the allegation of the complainant that, husband of complainant gave consent at 2 O'clock, but till 4 O'clock, nothing was done, no doctor was available in the hospital. Hence, due to delay in delivery and negligence, the baby did not survive. Hence, filed a complaint before the District Forum.

(3.) The District Forum held the OP liable for medical negligence because of the delay in performing the LSCS operation which resulted the death of the child, and directed the OP to pay Rs. 1,00,000 as compensation, and Rs. 5000 as costs to the Complainant.