S. SARAVANAN Vs. M/S. RASI CLINIC

JUDGEMENT

(1.) This revision petition has been filed by the petitioner, S. Saravanan against order dated 23.1.2014 of the State Consumer Disputes Redressal Commission, Tamil Nadu, Chennai (hereinafter referred to as State Commission) passed in No. F.A. No.1227/2012.

(2.) Brief facts of the case are that the petitioner/complainant along with his wife Mrs. S. Umapriya approached the Respondent no./1/OP-1 Rasi Clinic where Dr. Thirumathi Rajakumari confirmed the 2nd pregnancy on 20.9.2007. Complainant and his wife had informed the OP-1 about extraction of 4 teeth of his wife on 18/19.9.2007 and that she consumed heavy doses of pain killer medicine and requested to advise for termination of pregnancy if the fetus would face any problem due to these medicines. The OP-1 had ruled out the doubt and assured for no effect on the fetus. She referred them to respondent no.2/OP-2 for scan. The OP-2 did first ultrasound scan on 212007 and recommended follow up scan at 18-20 weeks of pregnancy. OP-2 gave report that "Gravid uterus with single live intra uterine pregnancy corresponding to 12-13 weeks of gestational age, with adequate liquor." On 18.4.2008 2nd scan was done by OP-2 and the findings are "Single foetus seen in, Longitudinal lie, with head in the lower pole. Fetal limb movements and breathing movements seen. Cardiac activity was present, and heart rate recorded by M mode was 143/minute (Regular). Liquor appears adequate." 3rd Scan conducted by OP-2 on 6.6.2008 and the finding are"Real time B mode gray scale ultrasonography of the pelvis showed Gravid uterus with the following findings :- Single foetus seen in, Longitudinal lie, with head in the lower pole. Spine towards the maternal left anterior fetal limb movements and breathing movements seen. Cardiac activity was present, and heart rate recorded by M mode was 131/minute (Regular ). Regarding heart the OP-2 mentioned in all three reports that Cardiac activity was present and heart rate recorded by M mode as 165/143/131/minutes (Regular). On 16.6.2008 a female baby was born under caesarian to the petitioner's wife. The Pediatrician stated that the baby faced breathing trouble. Then the baby was shifted to Child Jesus Hospital. After ecocardiology, the heart doctor informed that the baby faces Tetrology of Fallot and asked to go to Chennai for further treatment. The doctors of Chennai observed that "15 days old female neonate with downs phenotype and Tetralogy of Fallot with severely hypoplastic MPA and PA confluence". Due to negligence in not disclosing about the abnormalities even after cautioned, OP No.1 have not diagnose the fetus health and informed, so the baby born with major abnormalities. Hence, the complaint was filed before the District Forum by the petitioner/complainant against OPs seeking Rs.00 lakhs towards surgery charges, Rs.10.00 lakhs towards maintenance of affected baby and Rs.5.00 lakhs for mental agony.

(3.) The OP-1 contested the complaint. However, the District Forum finally dismissed the complaint No. 130/2010 vide its order dated 18.7.2011 as District Forum found no deficiency on the part of the OPs.