38.6c New Delhi, India, Wednesday, April 17, 2024
Judiciary

Delhi State Commission Awards ₹25 Lakhs Damages To Woman For Medical Negligence [Read Judgment]

By LawStreet News Network      06 June, 2019 12:00 AM      0 Comments
Delhi State Commission Awards ₹25 Lakhs Damages To Woman For Medical Negligence [Read Judgment]

The Delhi State Consumer Forum on May 27, 2019, in the case of Swapnil Mishra v. Pushpanjali Healthcare, has awarded a sum of ₹25 lakhs to a woman, who lost her unborn baby, after a local hospital wrongly advised her to plan their first baby simultaneously with TB medicines.

The 28-year-old Swapnil Mishra’s ordeal did not end at the first hospital, as another hospital in Delhi left a portion of the dead fetus in the womb, following an operation, forcing her to undergo re-surgery resulting in further medical complications.

After complaining of heavy pain during her period, Ms. Mishra went to Pushpanjali Healthcare in Vaishali, Ghaziabad in November 2011 for a medical check-up. There, she was referred to Dr. Sharda Jain, who advised her to undergo a battery of tests including Pathogen Assisted Molecular Pattern (PAMP).

The result of the tests shocked her as Dr. Jain declared her to be suffering from edometrium Tuberculosis.

Despite the diagnosis and heavy medicine, Dr. Jain advised her to immediately plan their first baby, even while taking medication for TB, as otherwise it would be too late for them.

After pregnancy, the woman suffered complications and after conducting some tests with other doctors, they found that the growth of her baby was not proper. She then went to Fortis Le Femme Centre for Women at Greater Kailash, where she was referred to Dr. Neena Singh.

Dr. Singh advised the complainant to wait for 15 days to watch the progress of the baby and advised the ultrasound test. After 15 days, the ultrasound report declared the baby was lost. The doctor advised her to go for D&C (Dilation and curettage).

Within some days after D&C, complainant experienced very severe pain in her lower abdomen and on checking with the family physician who advised ultrasound test, it was revealed that operation of D&C was not done properly and that part of pregnancy admeasuring around 6”18mm was still left inside the body.

Dr. Singh apologised for her blunder and offered to do another D&C free of cost, during which she scratched the uterus so extensively that it damaged the wall of the endometium causing the very rare disease known as Ashmerman Syndrome. The disease is capable of terminating the chances of fertility and may shatter the dream of a lady to become a mother.

The couple had to run from pillar to post for over two years to get a competent doctor to enable her to conceive again.

The woman then moved the consumer forum for compensation.

Judicial member O.P. Gupta while passing the order noted that a doctor cannot be allowed to misguide the patient just for earning money. He said that a doctor is also not expected to make the patient scared and advise unnecessary costly tests.

“The test conducted on complainant for ascertaining TB was banned, conception during TB is not desirable. Despite that she was advised to plan for baby immediately,” he said.

Further, he also said that “The act and conduct of OP-4 (Dr. Singh) in doing the D&C a second time to remove the left out part is highly condemnable. In the process she scratched the uterus so extensively that it damaged the wall of the endometium causing the very rare disease known as Asherman Syndrome that led to serious problems to the complainant.”

Thus, the consumer court held the hospitals and doctors “guilty of medical negligence and deficiency in service” and awarded compensation of ₹25 lakhs to the woman. However, it declined the plea to initiate penal action against erring doctors and hospitals.

[Read Judgment]



Share this article:

User Avatar
About:


Leave a feedback about this
TRENDING NEWS

baba-ramdev-acharya-balkrishna-offer-to-make-public-apology-in-sc-for-misleading-advertisements
Trending Judiciary
Baba Ramdev, Acharya Balkrishna offer to make public apology in SC for misleading advertisements

Baba Ramdev and Acharya Balkrishna offer public apology in SC for misleading ads, court deliberates acceptance.

16 April, 2024 01:57 PM
hymen-tear-or-genital-injuries-are-not-a-sine-qua-non-to-prove-penetrative-sexual-assault-in-pocso-case-rules-guwahati-hc
Trending Judiciary
Non-tear of the hymen is of no consequence in cases of penetrative sexual assault: Guwahati HC in POCSO case [Read Judgment]

Hymen tear or genital injuries are not a sine qua non to prove penetrative sexual assault, the Guwahati High Court has held in a case under the POCSO Act, 2012.

16 April, 2024 05:06 PM

TOP STORIES

sc-sets-aside-judgment-upholding-arbitral-award-against-dmrc
Trending Business
SC sets aside judgment upholding arbitral award against DMRC [Read Judgment]

Supreme Court overturns arbitral award favoring Reliance Infrastructure subsidiary against DMRC, citing grave miscarriage of justice.

11 April, 2024 11:43 AM
delhi-hc-rejects-third-plea-for-arvind-kejriwals-removal-as-delhi-cm-blasts-petitioner-for-abuse-of-judicial-process
Trending Political NEWS
Delhi HC rejects third plea for Arvind Kejriwal's removal as Delhi CM, blasts petitioner for abuse of judicial process [Read Judgment]

Delhi High Court dismisses the third PIL plea before it seeking Aam Aadmi Party leader Arvind Kejriwal’s removal as Chief Minister of Delhi, imposes Rs. 50,000 cost on petitioner.

11 April, 2024 03:29 PM
use-of-social-media-to-interfere-with-administration-of-justice-needs-serious-consideration-sc
Trending Judiciary
Use of social media to interfere with administration of justice needs serious consideration: SC [Read Judgment]

Supreme Court warns against social media misuse in legal matters, cautions against prejudicial posts interfering with justice.

11 April, 2024 05:44 PM
two-day-conference-on-april-on-technology-and-dialogue-between-sc-and-singapore
Trending Legal Insiders
Two-day conference on April 13-14 on Technology and Dialogue between SC and Singapore

Explore AI's role in law at the India-Singapore Supreme Court conference on technology, enhancing judicial processes and access to justice, April 13-14, 2024.

12 April, 2024 06:16 PM

ADVERTISEMENT


Join Group

Signup for Our Newsletter

Get Exclusive access to members only content by email