JARNAIL SINGH Vs. MAMTA GOEL

JUDGEMENT

(1.) In this revision petition, the only short question which arose for consideration is, 'whether, a Govt. doctor, the OP/Dr. Mamta Goel (OP-2), was negligent in giving the treatment to the patient, Smt. Neelam Kumari which resulted in the death of her new born baby?'.

(2.) The facts of the case are that on 10.4.2001, the patient, Smt. Neelam Kumari, wife of the complainant, Shri Jarnail Singh, was admitted to Civil Hospital, Jagadhri (OP-1). Ultrasound was performed in the private centre on 11.4.2001, which revealed the condition of baby was normal. Dr. Mamta Goel(OP-2) and Dr. Deepak Gupta told the complainant that the delivery was to be normal. Thereafter, the patient suffered severe pain, nobody attended her. The OP-2 came to duty late at about 9.30. p.m., instead of 8.00 p.m. Without conducting any tests, OP-2 conducted delivery by 'C' section, at 11.00 p.m. The male child was delivered, could not be saved due to delayed operation performed by OP 1. Thereafter, the patient was unable to conceive further pregnancies. Hence, the complainant alleged negligence on the part of OP 2/Dr. Mamta Goel and filed a complaint before the District Forum.

(3.) The District Forum allowed the complaint, whereas, the first appeal filed by the OPs in the State Commission was allowed, consequently the complaint was dismissed.