VANDANABEN KHUSHALDAS ASWANI Vs. CHANDRASHEKHAR M NARECHANIA

JUDGEMENT

(1.) This appeal arises as a result of order of Consumer Disputes Redressal Forum, Gandhinagar, in Complaint No.165/2003, complaint having been dismissed by order dated 24.11.2005.

(2.) This was a complaint alleging medical negligence against respondent doctors and Insurance Company. Complaint inter alia states that one Vandanaben Khushaldas Aswani was taken to opponent doctors on 23.2.2003 at Hemant Hospital and Maternity Home Kalol for delivery at the end of pregnancy. This was 5th pregnancy (other four were done at the same hospital without any problems in previous years ). After due conservative treatment cesarean section was advised in early hours of 24.2.2003, when son was delivered but the condition of mother was stated to be serious and had needed 14 units of blood over a period of night. Patient was shifted to Shrey Hospital for further management, where she was operated by Dr. Ameep Kapadia, hysterectomy was done and as alleged 7.5. litres of blood was removed from within abdomen. Patient underwent further treatment at said hospital and was discharged on 21.3.2003. As per allegation uterus was perforated and blood vessels were torn. Patient had cardiac arrest alleged to be because of blood loss, cardiac arrest was revived. Because of various sufferings complainant asked for compensation of Rs.6,75,000 for alleged medical negligence and other causes mentioned in the complaint.

(3.) Opponent doctors had filed reply denying all the allegations of complaints and asserted non-admissibility of complaint, etc. Doctors further stated the precautions that they took and care that they gave. Patient had cardiac arrest and was revived soon. It is also admitted further that sonography was done and further surgery was advised which was refused by complainant. It is important to note that after first surgery patient was conscious and well. Even during surgery, as far as operation was concerned there was no problem. The mentioned cardiac arrest had no deleterious effect on complainant's health. Patient was offered another surgery on sonography report which was not agreed upon by complainant and had opted to be shifted to Shrey Hospital.