PARIVAR SEVA SANSTHA Vs. ANIL KUMAR SHUKLA

JUDGEMENT

(1.) When something, as horrific as the inexplicable death of a treasured person occurs, by tossing from one private hospital to another, the story that will make the most sense is that, it could not have happened in the safe place that is in our Government Hospital.

(2.) Aggrieved by the order of the District Forum, OPs preferred first appeals before the State Commission, which were dismissed. Therefore, against the order of the State Commission the OP 1 and 2 filed revision petition 1100/2008 and RP 1447/2008 was filed by OP-3.

(3.) We have heard the Counsel for both the parties. The Counsel for OP submitted that, the patient Smt. Dolly was 39 years of age, had previous 4 pregnancies and one was caesarian section, as well as one abortion previously. She was pregnant by 18 weeks. The OP-2, after examination and pre-anesthetic check-up, inserted laminera tents on 18.10.2004. On the next day, the abortion process was started at about 11.30 a.m. and completed at 11.50 am, the products of conception were taken out, however, the patient started uncontrolled bleeding from the vagina. Hence, patient was referred to Dubey Orthopedic Maternity Hospital (OP-3) where the backup facility to OP-1 was available for the complications and emergency treatment.The OP-Dr. Meena Dubey, a Gynecologist, after USG study, performed D & C and took out the remaining products of conception. As per OP-3, on clinical examination, it was revealed as an Atonic Uterus (Non-contracting Uterus). One unit of blood was transfused. However, the bleeding continued, hence, OP-3 called Dr. Veena Agrawal, Professor of Obstetrics, who examined the patient and told to shift her to G. R. Medical College. In the meantime, the blood sample was sent to pathology laboratory for coagulation tests .The patient was shifted to GRMC at about 06:50 p.m. However, the patient died, shortly after the admission, there. The Counsel also submitted that OP-1 clinic was an approved MTP centre which had all facilities, but was not equipped for dealing with every contingency that may arise from such procedure. Hence, the OPs are not liable for medical negligence.