ORISSA NURSING HOME Vs. ANUREKHA SAHOO

JUDGEMENT

(1.) -These are cross appeals against the order of 6th July, 1992 passed by the State Commission of Orissa in Case No. 47 of 1990. For convenience we will describe Smt. Anurekha Sahoo who is respondent in First Appeal No. 312 and who is appellant in Appeal No. 451 of 1992 as the complainant and Orissa Nursing Home and others the Appellant in Appeal No. 312 and respondents in Appeal No. 451 as the Opposite Parties. The State Commission awarded Rs. 1 lakh to the complainant as compensation.

(2.) According to the complainant she was pregnant and the expected date of delivery was 24th February, 1990. However, on the 27th of January, 1990 she experienced pain resembling labour pains and was shifted to the nursing home of the Opposite Parties. According to her she was injected with a wrong medicine (Syntocinon), in order to induce labour. She was operated upon for taking out the child who could not emerge and who could not be pulled out by use of surgical instruments. The complainant was in severe pain throughout. When the attempt to pull out the child failed, the child was pushed back into the uterus and the vaginal area was stitched up. Thereafter on 30th January, 1990 she was Shifted to S.C.B. Medical College and Hospital atCuttack. They found her uterus ruptured, and the head of the foetus perforated. After operation her child was brought out and it is alleged that he has died due to surgical intervention. The complainant's life was also in danger but she has eventually recovered and discharged from the hospital on the 30th of February, 1990.

(3.) According to the complainant, as a result of the deficiency in treatment by the Opposite Parties, she lost her uterus and the child she was carrying and also lost the ability to bear children for the rest of her life.