MANJU Vs. C M O ST STEPHENS HOSPITAL

JUDGEMENT

(1.) THIS is a most unfortunate case. The unfortunate child of unfortunate parents was born on 14.8.1999. He is almost 6 years of age. He was born with following horrible congenital abnormalities:

(2.) THIS appeal arises from allegation of medical negligence on the part of the respondent -Hospital inasmuch as that the appellant was expecting pre -mature delivery after having undergone three consecutive abortions and in spite of the Torch Test performed upon her being positive and clinically suspected to have Intra Uterine Growth Retardation (IUGR), the respondent did not explain that there was a possibility of a child being born with certain congenital abnormalities and, therefore, she consented to have a child.

(3.) THROUGH this appeal the impugned order has been assailed mainly on the ground that the respondent had manipulated and fabricated the record and filed affidavit subsequently whereas the original records at the time of examination of the appellant did not have any endorsement that the risk of the IUGR was explained and that appellant was clearly informed that there was a possibility of child being born with certain congenital abnormalities.