INDU SHARMA Vs. INDRAPRASTHA APOLLO HOSPITAL

JUDGEMENT

(1.) "The most important and emotional event in the life of a couple is the birth of a child and it's always a joyous occasion in the family when a newborn arrives. Most parents have a niggling fear that the nine months of pregnancy is comparable to walking through a minefield. Things can go wrong at any time. They only breathe a sigh of relief when they've counted all ten toes and fingers of their newborn. It's no wonder they feel that way because it can be the most devastating thing if your baby is born with a birth defect". Complaint:

(2.) AFTER 2 1/2 months, from 23.08.1999, the baby, Nistha, was admitted to Holy Family Hospital, for loose motions and strong clonic seizures from 23.8.1999. After doing EEG and C.T. Scan, it was revealed that the baby was severally affected by the atrophy of brain, which may lead to severally mental retardation. The complainant observed that her baby, at age of 1 year 8 months, the milestones were delayed, and the episodes of seizures persisted. Baby was unable to hold her neck and unable to suck milk. Therefore, the complainant had to appoint a special nurse for her care. Further, from 21.09.1999 to 03.12.2002, the child was treated at AIIMS, where, the Paediatric Neurologist, Dr. Veena Kalra, opined that, a full term baby having such problems were because of the negligence during the delivery. The complainant alleged that OP -3 failed to perform LSCS within, 12 to 18 hours after rupture of membrane. It was abnormally delayed for about 27 hours. The OP -3 advised excessive dose of Syntocinon, which caused foetal distress and cerebral anoxia - palsy. The child was further investigated by CT scan and x -ray reports, but the OP declared reports as normal. In this regard, the complainant sought opinion of doctors in USA and from her brother, who is a paediatric surgeon, in USA. The opinion was that severe atrophy of baby's brain cortex due to birth asphyxia and the child might remain severally mentally retarded for as long as she lives. The Disability Board of AIIMS, New Delhi certified the baby as '95% disability'. Nishtha survived for 12 years with disabilities and with mental retardation. Unfortunately, baby Nistha died on 15.1.2012.

(3.) COMPLAINANT further alleged that OPs made number of corrections /interpolations on the case sheets. The neo -natal record was also tempered. The OP purposely concealed Cardiotocograms (CTG) tracings, which was the vital document in this case. The OP -3 failed to take proper care during delivery, which resulted in birth of an asphyxiated baby. Thus, alleging medical negligence, the complainant filed this complaint and has prayed total compensation of Rs.2.5 crores plus Rs.5 lacs for the mental agony and Rs.25,000/ - as costs of litigation. Defense: