KISHORI KADAM Vs. POONAM SUHAS MALI AND ORS.

JUDGEMENT

(1.) THE complainant, Mrs. Poonam Suhas Mali,(in short referred herin as "Patient") approached the OP 1, Dr. Kishori Kadam on 18 -01 -2008 with complaints of irregular periods. The OP examined her and advised treatment. On 03 -03 -2008, patient went to OP -1 with complaints of cough and fever. Also, she informed OP -1 that she did not get her periods, but OP -1 ignored it, and advised medicines for cough only. Thereafter, the patient approached, on 8.3.2008, the Gastroenterologist -Dr. K.C. Kokal (OP 2) for her complaints of vomiting and other gastric problems. Dr. Kokal advised some blood tests including Australia antigen, ultrasonography (USG) of upper abdomen and Barium X -ray to rule out gastric ulcer. The patient got investigated, the OP -2 advised medicines accordingly. The patient also consulted the OP -3 Dr. Prabha Sawant another Gastroenterologist, who suggested same treatment as OP -2. On 14 -05 -2008, the patient approached Dr. Mamta Shriyan, a Gynecologist, wherein patient was diagnosed as three months pregnancy. After going through the reports, Dr. Shriyan informed the patient about risk of malformation due to multiple (six) X -rays taken during barium study. The USG report dated 13 -05 -2008 revealed normal study and no obvious fetal anomalies. Thereafter, the patient was examined by another gynecologist Dr. R.M. Saraogi on 26 -05 -2008, who advised medical termination of pregnancy (MTP); it was performed on same day. The aborted fetus did not show any evidence of abnormality, no postmortem was conducted. Therefore, alleging medical negligence on the part of OP 1 & 2 which led to termination of her pregnancy, causing irreparable loss of child, the complainant filed a complaint before the Mumbai Sub Urban Additional District Forum and sought compensation of Rs. 19,78,250/ -.

(2.) The District Forum partly allowed the complaint and held OP 1 liable for deficiency in service and negligence and directed OP 1 to pay Rs. 3,00,000/ - as compensation along with Rs. 50,000/ - towards mental agony and Rs. 15,000/ - towards cost and the complaint against OPs 2 & 3 was dismissed.

(3.) AGGRIEVED by the order of the District Forum, the OP 1, Dr. Kishori Kadam filed First Appeal before the Maharashtra State Commission at Mumbai. The State Commission modified the order of the District Forum, that OP 1 was not guilty of negligence but there was termination of pregnancy, therefore, fixed the liability upon OP -1 to the extent of Rs. 50,000/ - as a compensation to the complainant and rest of the order was maintained as it is.