HITESH KUMAR WALIA Vs. SUSHMA NOHERIA

JUDGEMENT

(1.) This complaint filed under Sec. 21(a)(i) of the Consumer Protection Act, 1986 (in short, the "Act") alleges deficiency in service and medical negligence by the Opposite Parties in the treatment of the Complainant's wife resulting in her death and her new born infant's death for whose delivery she was admitted in their care.

(2.) Upon notice, Opposite Parties contested the complaint by way of written version. Complainant thereafter filed its rejoinder. Parties filed their evidence by way of affidavit. Short synopsis of arguments was also filed by both the parties.

(3.) The relevant facts of the case, in brief, are that the Complainant's late wife, Ms Monica Bhatia Walia, aged around 37 years and employed as Chief Manager in ICICI Bank, was under the care of the Opposite Party No. 1 doctor in the hospital (Opposite Party No. 2 in Sector 8, Chandigarh) run by her and her husband (Opposite Party No. 3) for a full-term, second pregnancy due by 31/3/2013. Opposite Party was aware of previous medical history of delivery of the first child by Caesarean Sec. (C-Sec) in 2003. Opposite Party doctor and the hospital had assured Complainant No. 1 of all medical facilities being available for ensuring a painless delivery. On 6/4/2013 the Complainant's wife ("patient") was admitted to the Nursing Home due to lack of labour pains. According to the Complainant, instead of undertaking a C-Sec operation, Opposite Party doctor attempted to induce labour on 7/6/2013 and shifted the patient to the labour room around 08.30pm. Around 10.45pm Opposite Party No. 3 was seen attempting to start the hospital ambulance unsuccessfully and was assisted by the Complainant's brother-in-law. The patient, who was bleeding profusely, was then shifted to the ambulance and it was disclosed that due to excessive bleeding, she was required to be shifted to General Medical College Hospital, Sector 32, Chandigarh. At the Complainant's insistence, the patient was admitted instead to the PGIMER, Chandigarh at around 11.20pm where she expired at 03.58 am despite efforts to traet her and transfusion of 7 units of blood. Again, at the insistence of the Complainant, the child delivered at the Opposite Party No. 2 hospital was brought to PGI, Chandigarh when it was revealed to the Complainant that the newborn was born with Birth Asphyxia (HIE Stage 2). Alleging that the Opposite Parties had been negligent in treating his wife resulting in her death and her newborn child being neurologically compromised for life, the Complainant is before us seeking to be compensated for medical negligence by the Opposite Parties with the prayer to direct the Opposite Parties to pay: