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Delhi State Commission Awards Compensation Of Rs.25 Lakh To Victim Of Medical Negligence

Team SoOLEGAL 6 Jun 2019 5:00pm

Delhi State Commission Awards Compensation Of Rs.25 Lakh To Victim Of Medical Negligence

Delhi Consumer State Commission Court has awarded Rs. 25 lakh compensation to a woman who became a victim of medical negligence and lost her first baby wherein the hospital wrongly advised her to plan family alongside prescription of heavy TB medicine.

The victim 28-year-old Swapnil Mishra complained of heavy pain during her period and checked in with Pushpanjali Healthcare in Vaishali, Ghaziabad. She was therefore, prescribed heavy medicine for the disease she never had, costly tests of Pathogen Assisted Molecular Pattern (PAMP) was advised by Dr. Sharda Jain, whom she visited at her private clinic on her advice, claimed that complainant was suffering from edometrium Tuberculosis. Moreover, with the diagnosis and heavy medicine she was prescribed to take, she was advised to plan family simultaneously. Pregnancy is a huge risk as per medical science alongside with such diagnosis.

After pregnancy, the victim suffered complications and after conducting some tests doctors found growth the of baby was not proper. She then went to Fortis La Femme Centre for Women at Greater Kailash-II, New Delhi from where she was referred to Dr. Neena Singh.

Dr. Neena advised the complainant to wait for 15 days to observe the progress of the baby and advised for ultrasound test. After 15 days she saw the ultrasound report and declared the baby was lost. She advised the complainant to go for the procedure of Dilation & Curettage. Subsequently, the complainant experienced very severe pain in her lower abdomen and on referring with the family physician who advised ultrasound test, complainant received a big shock as leftover admeasuring approximately 6"18 mm was still inside her. Fortis hospital agreed to do the second surgery free from any charges.

The complainant suffered real trauma of negligent conduct when Dr. Singh scratched her uterus so extensively that it damaged the wall of endometium causing the very rare disease known as Asherman Syndrome. The disease is capable of terminating the chances of fertility and may end the chances of a lady to become a mother. The complainant went on extensive search for a competent doctor to get operated for this rare disease and after much difficulty post operation she was able to conceive.

After this nightmare, woman moved Delhi Consumer Court and judicial member O.P.Gupta stated while passing the order 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 [the] complainant for ascertaining TB was banned, conception during TB is not desirable. Despite that she was advised to plan baby immediately. The act and conduct of OP-4 (Dr. Singh) in doing D&C 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 endometium causing the very rare disease known as Asherman Syndrome that led to serious problems to the complainant."

Commission found the doctors and hospitals guilty of "medical negligence" and "deficiency in service" and awarded compensation of Rs. 25 lakhs to the complainant accordingly. However, the commission did not entertain the plea of taking penal action against the erring doctors and the hospital.

Tagged: delhistatecommission   consumercommission   doctor   medicalnegligence  
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