Judgment:
V.K. Gupta, Member:
1. This appeal by the OP No.2 and 3 of the complaint case No.516 of 2008 is directed against the order dated 20.10.2010 of the District Forum (East), Saini Enclave, Delhi whereby directing Dr. Kusum Sabarwal, OP No.2 to pay Rs.1,50,000/- as compensation and Rs.5,000/- as the cost of litigation.
2. Briefly stated factual scenario of the case is that the appellant/OP No.2 is a doctor by profession, who is engaged and employed by OP No.1 for providing medical treatment of the patient suffering from obstetrician and gynaecological disorder. On 15.3.2008, the complainant/respondent registered herself for medical advice with the Tarawati Ramgopal Mehra Cheritable, Foundation Medical Centre, OP No.1 for suspected conceivement and thereby associated physiological and medical changes pertaining to her body, resulting from possible failure of method adopted by her better half. On the same day Dr. Kusum Sabharwal, OP No.2 conducted medical termination of pregnancy (MTP), which was successfully completed by her and discharged the complainant on the very same day with Day-Care discharge. However, the complainant was feeling quite uneasy and was reeling under pain after MTP but Dr. Kusum Sabharwal, OP No.2 did not give any serious thought. After few days, the above said condition not only persisted but started to show signs of deterioration turning into severe pain in lower abdominal area as well. The complainant distressed out of this, so she contacted Dr. Kusum Sabharwal, OP No.2 in this regard, but she remained careless and negligent in diagnosing the root cause of the problem. However the pain continued to persist and ultimately the complainant and her husband tried to contact Dr. Kusum Sabharwal, OP No.2 to discuss in detail the root cause of the deteriorating condition, but Dr. Kusum Sabharwal declined to meet. However on 28.3.2008, the complainant and her husband contacted another qualified consulting Gynaecologist, who diagnosed tenderness in the abdomen and once again advised to back to the same doctor for thorough checkup and diagnosis. On 31.3.2008, the complainant once again contacted Dr. Kusum Sabharwal, OP No.2, who get the ultrasound in a juffy in their centre and did not care for any medical examination and once again sent the complainant back with the report of having no complications at all. On 1.4.2008, the complainant fell down on the floor and she was taken to St. Stephens Hospital, who was admitted there in a critical condition. She was diagnosed with Reputured ectopic condition-right sided and Urine Pregnancy Test-Positive. She was immediately operated and 20 ml of blood clots were removed and she remained there for many days and finally discharged on 8.4.2008. Anyhow, the life of the complainant was safe on account of the medical treatment of St. Stephens Hospital and proper treatment was not given by Dr. Kusum Sabharwal, OP No.2 by her negligence. After MTP on 15.3.2008 no improvement was made and no proper advice and treatment was given. The complainant sustained huge loss, mental agony, harassment and sheer suffering on account of sheer medical negligence and claim Rupees twenty lakh as compensation.
3. OP No.1, Tarawati Ramgopal Mehra Cheritable, Foundation Medical Centre filed the written statement and denying the entire allegation. It contended that is a charitable centre, which does not make any profit. The OP No.1 has referred the patient i.e. the complainant to consultant who is available in the medical centre. The complainant is not a consumer. Whatever amount has been paid to the Medical Centre is actual expenses and it does not take any profit. Dr. Kusum Sabharwal, OP No.2 has not been employeed by OP No.1 for providing the medical treatment in as much as she is a visiting consultant only. The complainant has not given full details of the treatment; therefore, the OP No.1 is not responsible. So far as the medical treatment is concerned, it is the choice of the complainant to get the procedure done by Dr. Kusum Sabharwal, OP No.2, who provided the appropriate advice and prescribed medicines. Regular MTP Procedure was also denied. The entire defence of the OP No.2 was reiterated in the written statement filed by OP No.1.
4. OP No.2 has filed the separate written statement and denied the entire allegations and contended that there is no carelessness or negligence on her part and the only motive of the complainant is to harass OP No.2. The patient was treated diligently and prudently for MTP with due care and caution at the authorized centre i.e. OP No.1 to which Govt. of India duly approved for MTP under the provision of the Medical Termination of Pregnancy Act, 1971. The patient sought for Medical Termination of Pregnancy and after appropriate tests the procedure was completed. There was no any illegal Termination of Pregnancy in any unprofessional manner. Op No.2 acted on the basis of reports received from tests and ultrasound and advised the best course available in the circumstances. On 28.3.2008, the complainant was shown to Dr.Meghna Kulkarni who also did not think of ectopic pregnancy. The patient along with her attendant was attended properly and immediately for necessary check up and even repeat USG done on the patient, no Ectopic Pregnancy was visualized. There cannot be said any negligence, rashness or negligence on the part of OP No.2, which have been mentioned in para-29 of the written statement. Further, there was no deviation from the established line of the treatment, which have been mentioned in para 31 of the WS. Under these circumstances, the complainant is not entitled to claim any relief.
5. The United India Insurance Company, OP No.3 has also filed the separate WS and it is submitted that Dr. Kusum Sabharwal, OP No.2 is insured with the United India Insurance Company. During the period, the patient Smt. Sangeeta Aggarwal was treated by OP No.2. The Insurance Co. has issued professional indemnity Policy No.040100/46/07/35/ 00003913 effective from 6.3.2008 to 5.3.2009. The complainant is not entitled to claim any relief.
6. The District Forum vide order dated 20.10.2010 allowed the complaint and directed Dr. Kusum Sabharwal, Appellant No.1/OP No.2 to pay Rs.1,50,000/- as compensation and Rs.5,000/- as cost of litigation.
7. Being aggrieved by the aforesaid order dated 20.10.2010, the OP No.1 and 2 preferred this appeal.
8. We have heard Counsel for the appellant and Husband of the respondent and perused the material on record.
9. The Counsel for the appellant very vehemently submitted that there is no negligence or carelessness on the part of the appellant in the medical treatment of Smt. Sangeeta Aggarwal, the complainant, therefore, committed grave error in recording the findingagainst the appellant an directing the appellant to pay compensation. On the other hand husband of the respondent/complainant submitted that there is a expert medical opinion dated 4.1.2010 of G.T.B. Hospital, which has specifically and categorically stated that there is a lapse and negligence on the part of the Dr. Kusum Sabharwal, OP No.2 . In this case, the District Forum has referred the matter to the Medical Superintendent, Guru Teg Bahadur Hospital for expert medical opinion of the patient Smt. Sangeeta Aggarwal on 11.2.2009. The Medigal Supertendent, GTB Hospital vide report dated 4.1.2010 has found the following observation:-
âPatient underwent DandC under general anesthesia on request for MTP Â Â Â Â Â Â Â at 6 weeks of amenorrhea on 15.3.09 at Tarawati Ramgopal Mehra Cheritable, Foundation Medical Centre, Delhi.
a) As per records of procedure was uneventful and patient was discharged on the same day.
b) Details of DandC procedure and whether products obtained or not, are not available from records.
c) 2 weeks post MTP i.e. 28.3.09 examination by a private practioner whom she consulted for pain in the right lower abdomen, revealed bulky uterus with tenderness in right adexa. Diagnosis of ectopic pregnancy was not entertained and she was treated with antibiotics only.
d) 3 days further to this ultrasound done on 31.3.09 by first team at MTP centre gave an impression of bulky uterus with normal adnexa. However no details of clinical examination are available in the records.
e) Within the next 24 hours patient had to be admitted at St. Stephens Hospital on 1.4.09. USG done here revealed right chronic ruptured ectopic pregnancy for which emergency laparatomy was done. Hemoperitoneum of 200 cc approx. drained and right ruptured ectopic pregnancy was diagnosed.
f) Patient underwent right salpingectomy and specimen apparently sent for histopathology, however, report is not available in record.
The committee is of the opinion that it is a case of right ectopic pregnancy as confirmed by laparotomy findings.
10. On the plain perusal of the aforesaid expert medical opinion goes to show that lapses have been made by Dr. Kusum Sabharwal, OP No.2 in the medical examination of Smt. Sangeeta Aggarwal and it is very specifically recorded in the findings that it is a case of the right ectopic pregnancy. The case of the complainant is that Dr. Kusum Sabharwal, OP No.2 utterly failed to diagnose the real cause of the pain in the abdomen of the complainant, and she says that MTP was done. Further the complainant was discharged on the same day by Dr. Kusum Sabharwal, OP No.2 conforming that the MTP was done by her, which is successful and there is no complication. According to the expert medical opinion, the proper treatment was not done by Dr. Kusum Sabharwal, OP No.2 and there were serious lapses on her part. The District Forum has rightly concluded that there is a sheer medical negligence on the part of Dr. Kusum Sabharwal, OP No.2 in the medical treatment of Smt. Sangeeta Aggarwal.
11. The District Forum has awarded a compensation of Rs.1,50,000/- for physical and mental pain and financial losses along with Rs.5,000/- as the cost of litigation. Considering the entire facts and circumstances of the case, the assessment with regard to compensation is just, fair and adequate and needs no interference.
12. The appeal is hereby dismissed.
13. FDR, if any, deposited by the appellant be released in his favour, after completing due formalities.