NEETI SALUJA Vs. K. BATRA

JUDGEMENT

(1.) Smt. Neeti Saluja, the Complainant, aged 25 years, an Executive in a Travel and Tourism Co. alleges that due to the negligence of Dr. Mrs. K. Batra the OP-1, she suffered various complications after her caesarian delivery. The Complainant got admitted in Batra Nursing Home for her first delivery, under treatment of Dr. Mrs. K. Batra (OP-1) on 15.11.2000. She was assured of safe and normal delivery. She developed labour pains on 19.11.2000; however, instead of normal delivery, the OPs performed the Caesarian Section (LSCS). It was also alleged that Mr. Tulsi, a Compounder/Technician had performed the operation under the guidance of OP-1 and the OP-1 herself has not operated upon the Complainant. The Complainant further stated that, not a single normal delivery took place in the said nursing home, but about 10-11 caesarian operations were performed on 15.11.2000. Due to such carelessness and negligence in performing LSCS, the Complainant suffered a large scar on her stomach, the suture material used was of inferior quality and there was improper suturing also. Due to this, she developed "Obstructed Umbilical Hernia". After the delivery, the Complainant consulted OP-1, regularly for her abdominal pain, for which OP-1 assured that there was nothing to worry. Due to unbearable pain, she consulted Dr. R. K. Sippy, who diagnosed the patient with "Obstructed Umbilical Hernia" and opined that it was due to gap in the abdominal wall and the Complainant has to go for an emergency operation. Dr. Sippy advised the Complainant not to lift heavy weights and also not to conceive further .The affidavit of Dr. Sippy is placed as Annexure (H). Due to the scar on the stomach, the Complainant was unable to wear Saree. The Complainant issued a legal notice to the OPs and sought details of medical record, the list of the patients having normal and caesarian deliveries in the hospital. But, the OP did not produce. Hence, the complainant fled this complaint and prayed for compensation of Rs.22,02,650/-with interest @ 18% p.a. and Rs.50,000/- towards the costs.

(2.) In the defense, the OP admitted about the Caesar delivery of the patient/complainant. Further submitted that the patient/Complainant had some cardiac problems and a family history of diabetes. She was also treated in Sir Ganga Ram Hospital, between 27.03.2000 to 31.03.2000, for pain in abdomen and breathlessness. She was a known case of Hypothyroidism and was under treatment, since 1999. Thus, there was no question that OP assured the Complainant that she would be having a normal delivery. Despite this, the OP gave the best available medical care to her for delivering a healthy baby. The OP further stated that the Complainant was admitted on 15.11.2000, with signs of high Blood Pressure (BP), Intra Uterine Growth Retardation (IUGR) and Pre-eclamptic Toxemia (PET). Therefore, she was advised for caesarian delivery. The OPs also denied that anesthesia was given without any checkup and without any consent; but it was given by a qualified Anesthetist. The operation was performed by Dr. Mrs. K. Batra. The Pediatrician Dr. Jaswant Batra was also present for the purpose of examining the new born child. OP-1 further denied that the cesarean section performed by her was an unwanted, unauthorized or performed in a careless and negligent manner. It is further wrong and denied that poor quality suture material and improper suturing led to the development of obstructed umbilical hernia.

(3.) Heard the counsel for both the parties and perused the medical records. The Counsel for the OP vehemently argued that the Complainant was a known case of Hypo-thyroidism and was under treatment from August, 1999, with family history of diabetes. The Complainant and family members were satisfied by the treatment of OP. There is no link between LSCS performed on 19.11.2000 by the OPs and the operation for obstructed Umbilical Hernia performed by the other Dr.Sippy on 30.09.2001. Dr. Sippy who treated the Complainant for Umbilical Hernia, also, did not disclosed about the cause of Umbilical Hernia was developed due to caesarian section. There is no expert evidence in this case. The counsel contended that the Complainant was satisfied with the care given by OP-1, she did not disclose about the sepsis in her stitches. Hence, the OP's are not liable for medical negligence or any carelessness. Also, the complaint is not maintainable, because of delay in filling the present complaint. The Counsel for Complainant argued that there was negligence in conducting LSCS operation. The operation was performed with vertical incision and therefore the patient developed Umbilical Hernia, which was a medical negligence.