BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, JALANDHAR

Complaint No.419 of 2016

Date of Instt. 26.09.2016

Date of Decision: 16.03.2021

Jaswinder Kaur aged about 25 years w/o S. Gurjeet Singh, d/o Charan Singh, r/o VPO Kulaar, Tehsil and District Jalandhar.

..........Complainant

Versus

1. Bhalla Hospital and Maternity Home, Kapurthala Road, Nakodar, District Jalandhar through its Director/Manager/Owner.

2. Dr. Sunita Bhalla, Bhalla Hospital and Maternity Home, Kapurthala Road, Nokodar District Jalandhar

….….. Opposite Parties

Complaint Under the Consumer Protection Act.

Before: Sh. Kuljit Singh (President)

Smt. Jyotsna (Member)

Present: Sh. Harsh Bhatt, Advocate Counsel for Complainant.

Sh. N. K. Aggarwal, Advocate Counsel for OPs No.1 & 2.

Order

Kuljit Singh (President)

1. The instant complaint has been filed by the complainant against OPs on the averments that the complainant got pregnant in the month of November 2015 and thereafter she approached OPs for medical treatment. The pregnancy treatment was done by OP no.2. She was duly scanned with reference of OP no.2 Dr. Sunita Bhalla through Khushi Diagnostic Centre vide scan report dated 11.01.2016, 13.03.2016 and 14.06.2016, OPs assured her that pregnancy is going well without any complications. Various tests were also done with complainant through Duggal Hi-Tech Laboratory referred by Dr. Sunita Bhalla. In the 8^th month of pregnancy in the month of June 2016, complainant again approached on 26.06.2016 for regular check up and OP no.2 told her she is suffering from High Blood Pressure and asked her to remain admitted in the hospital for a day. On the next day i.e. 27.06.2016, complainant started suffering from high stomach pain and approached to staff of OPs but inspite of various reminders by staff of hospital to OP no.2 as residence of the OP no.2 is within the hospital but OPno.2 negligently not come there for proper check up. Due to high stomach pain, then OP no.2 came there and checked up. Various tests were done at that time and astonishingly OP no.2 told her that her placenta has been burst and baby has been died inside the womb. Upon this, the complainant and her family have under great shock, because of non-availability of OP no.2 at the right time for medical treatment, during the admission of the complainant from 26.06.2016 to 27.06.2016. The complainant and her family thereafter had left no other option and asked the OP to immediately done the surgery to save the life of the complainant. Thereafter, surgery was done on 27.06.2016 and immediately after the birth of the child, child was referred to Sigma Hospital Jalandhar where she remained so many days. Thereafter, the complainant was discharged from the hospital on 01.07.2016 and she started living at her parental house, after few days of delivery, the complainant felt high pain in the stomach and fever and also many times went unconscious. The complainant approached OP and OP gave some prescription of medicines and said everything is going normal and same has been because of premature delivery of baby in the 8^th month of pregnancy. But the health condition of the complainant deteriorated day by day and thereafter she approached for second opinion to Ragini as well as JP Nursing Home Hospital Kapurthala where doctor prescribed a scan and complainant thereafter go through the scan referred by Dr. Atun Ratan, she was under a great shock to know that piece of placenta had been left by OP no.2 during the surgery on 27.06.2016 which is the ultimate cause for suffering of various ailments by complainant and said piece of placenta is 5 mm and is cause for high infection and fever. Thereafter, she approached Ghai Hospital Jalandhar for proper treatment and Dr. Sandali Ghai referred firstly for scan and thereafter scanned her through Mann Scanning and Diagnostic Centre and there was also piece of placenta shown in the scan report. All the doctors told her that piece of placenta left during the surgery, is cause of stoppage of blood circulation and high peak of infection and fever, which led to poison in uterus. The complainant presently under treatment of Ghai Hospital Jalandhar and medicine of the same is still going on for the treatment. OPs firstly not properly medically treated the complainant at the right time and told her regarding death of child in the womb during her admission from 26.06.2016 to 27.06.2016. Thereafter, left the piece of placenta during the surgery and suppressed the true fact of medical condition. Due to illegal act and conduct of OPs, she had filed the present complaint and prayed that OPs be directed to pay Rs.10,00,000/- for medical negligence, besides Rs.2,00,000/- for medical treatment expenses, Rs.5,00,000/- as compensation for physical harassment and Rs.50,000/- as cost of litigation.

2. Upon notice, OPs appeared and filed written reply and contested the complaint of the complainant by raising preliminary objections that complaint is malafide and vexatious and is liable to be dismissed. The complaint is not maintainable under law. The complainant has no cause of action against OPs. The complainant dragged the OPs into unnecessary, uncalled and unwarranted litigation. On merits, they averred that on 11.01.2016 complainant consulted OP no.2 first time but did not disclose of her having conceived and symptoms of being conceived felt by her before coming to OPs on 11.01.2016. On clinic and physical check up and after ultrasound scan of the complainant, she was informed of her having conceived and pregnancy of about 11.1 weeks which was quite normal. She was advised medicines. She was explained complications and risk in the vent of non-observance of the standard, carelessness regarding day to day domestic performing of functions and responsibility, died control and restrictions of manual work. The complainant was also advised for subsequent follow up and regular check up. On 27.01.2016, she was advised required tests which she had undergone from Duggal Hi Tech Laboratory of blood, urine examination tests necessary for routine checkup of female pregnancy to rule out any problem and complications. The reports and physical clinical checkup did not reveal any adverse features. Thereafter, on 13.03.2016 she visited OPs for routine checkup and advised ultrasound scan. She has undergone scanning conducted by Khushi Diagnostic Centre. The report dated 13.03.2016 revealed that period of pregnancy about 19.05 weeks and finding so incorporated. The OPs assured her that pregnancy is going well without any complications. The fact that on 14.06.2016 the complainant on clinical diagnosis was sound having started problem and complication of PIH (Pregnancy Induced Hypertension) and her BP was little bit on higher side. OP no.2 explained in detailed to her about risks, complications and adverse affect to pregnant mother and foetus i.e. normal growth of the child in the womb. The pregnant mother due to non-observance relating to died and intake of salt etc may cause risk, and adverse complications. It was observed that the complainant BP was high and advised her to stay at Hospital, for determining the cause for high blood pressure. At the same time, complainant was again explained in detailed the risk and complications and advised to take second opinion from any other medical practitioner and /or hospital but complainant told the OPs that she will have to consult and discuss with her family members and that without their consent it is not possible for her to obtain second opinion from any other medical practitioner or Hospital. On 27.06.2016 i.e. next day when OP no.2 for routine checkup went to the room of the complainant, it was locked from inside and OP no.2 knocked the door of locked room, the complainant opened the door and at that time her husband was also present inside the room. OP checked her BP and FHR and same was normal and complainant made no complaint or problem of any kind during physical and clinical examination. OP no.2 orally explained in detailed the risk factors, both to complainant and her family members. Due to rapture of placenta advised her shift to Higher Center for further management and treatment. The mother of the complainant came after about one hour and told OP no.2 to start and undertake required surgery though OP no.2 had explained in detailed to mother of the complainant regarding the risk, further complication. The surgery was performed by Dr. Mrs. Sukhjit Kaur MD Gynaecologist & Obsetecrian and Dr. Ramandeep Anaesthic who successfully conducted the caesarian operation and premature female child born. Thereafter, female baby was shifted to Sigma Hospital Jalandhar in ambulance. The female baby born was fine and normal. No complication or problem after successful operation was found and detected. The complainant was discharged after recovery and in satisfactory condition with the advice for follow up of post operated check up and heeling and removing of the stitches. The onus to prove all such allegations squarely and solely is on the complainant to prove medical negligence or wrong treatment as per the settled law and precedent. There was no question of prescribing medicine to the complainant when she had not turned up after successful delivery in 8^th month of pregnancy. The allegations of piece of placenta left during the surgical operation are false and concocted. Rest of the averments of the complainant was denied by OPs and they prayed for dismissal of the complaint.

3. The complainant has tendered in evidence her affidavit Ex.C-A, affidavit of Dr. Atul Ratan as Ex.C-B along with copies of documents Ex.C-1 to Ex.C-48 and affidavit of Dr. Jaswinder Singh as Ex.C-49. On the other hand, OPs tendered in evidence affidavit of Dr. Sunita Bhalla as Ex.OP-A, affidavit of Sr. Sukhjeet Kaur as Ex.OP-B.

4. We have learned counsel for the parties and have also gone through the record very carefully.

5. The glance at evidence is required by us to settle the controversy in this case. The complainant has tendered in evidence affidavit Ex.C-A in support of her case. She alleged deficiency in service and unfair trade practice on the part of OPs. Ex.C-B affidavit of Dr. Atul Ratan MS Surgery JP Nursing Home. Ex.C-1 is ultrasound scan of the complainant. Ex.C-2 is scan thereof. Ex.C-3 is ultrasound scan of the complainant. Ex.C-5 is ultrasound scan of the complainant. Ex.C-7 to Ex.C-17 are test reports of the patient. Ex.C-18 is ANC card of the patient. Ex.C-19 is prescription slip of the I.P Nursing Home. Ex.C-20 is USC of Maan Scanning Centre Jalandhar. Ex.C-21 is USG report of patient from G G Scan & Diagnostic Centre Kapurthala Ex.C-24 is ultrasound report from Mann Scanning & Diagnostic Centre. Ex.C-25 to Ex.C-27 are prescription slips of the doctor. Ex.C-29 to Ex.C-30 are slips for laboratory tests. Ex.C-31 to Ex.C-36 are receipts for purchase of medicines. Ex.C-37 to Ex.C-41 are the prescription slips of the doctor. Ex.C-44 is copy of test report. Ex.C-46 is copy of Echocardiography Report. Ex.C-47 and Ex.C-48 are ECG reports Ex.C-49 is affidavit of Dr. Jaswinder Singh.

6. To counter this evidence of the complainant, OPs tendered in evidence affidavit of Dr.Sunita Bhalla w/o Sh. Rajnish Bhalla Bhalla Hospital as Ex.OP-A on the record. This doctor is opposite party no.2 in the present case. This witness denied any deficiency or unfair trade practice on the part of OPs. Ex.OP-B is affidavit of Dr. Sukhjeet Kaur. This doctor stated that as per record the condition of the complainant deteriorated day by day as alleged by the complainant, but condition of the complainant was satisfactorily improving day by day and in all cases of delivery, all deciduas shed off puerperal period of 40 days after delivery and uterus become normal in size and functions. The best possible treatment was provided to the complainant by Dr. Sunita Bhalla of Bhalla Hospital.

7. It is an established fact that surgery of the patient/complainant was done on 27.06.2016 and female child was born. Immediately, after birth of child, child was referred to Sigma Hospital Jalandhar, where she remained admitted for so many days. The complainant alleged that after discharging from the hospital of OPs on 01.07.2016, she felt high pain in the stomach and fever and also many times went unconscious. But her health and condition deteriorated day by day. On 26.08.2016 she was under great shock to know that piece of placenta had been left by the OP no.2 during the surgery on 27.06.2016 negligently, which is cause of suffering of various ailments. After this, she approached Ghai Hospital Jalandhar for proper treatment and Dr. Sandali Ghai also referred firstly for the scan of the complainant and thereafter scanned her through Mann Scanning and Diagnostic Centre, there was also piece of placenta shown in the scan report.

8. On the other hand, OPs denied all the allegations leveled by the complainant in the complaint. OPs pleaded that it is settled principle and precedent of law that a medical practitioner cannot be held negligent without expert opinion and to just for a difference of opinion, if any. The complainant was advised required test which she had undergone from Duggal Hi-Tech Laboratory of Blood, Urine Examination Tests necessary for routine checkup of female pregnancy.

9. The complainant alleged that OPs wrongly treated her and she further alleged that piece of placenta left during the surgery by OPs. In Ex.C-1 the impression is given as under :-

Finding s/o INTRUTERINE PREGNANCY OF 11.1 WEEKS +/1 WEEK

EDD: 31/7/16 VARIATION OF 1 WEEK

Suggest follow up scan.

In Ex.C-3 , impression is given as under :-

Finding s/o ONGOING PREGNANCY OF 19.5 WEEKS +/2 weeks

EDD 2/8/16 variations of 2 weeks

Chromosomal anomalies, all cardiac anomalies & mental retardation cannot be ruled out.

Suggest follow up scan.

In Ex.C-5 the impression is given as under :-

ON GOING PREGNANCY 32.5 WEEKS + /2 WEEKS.

In Ex-C-21 G.G Scan & Diagnostic Centre, the Impression is given as under:-

Uterus with POC

UTERUS – Bulky in shape and size, anteverted in position. Echotexture normal. Endometrial cavity contains few hyuperechole area s/o produce of conception. Size is less than 5 mm minimal fluid seen in dometrial cavity. Cervix normal in shape, echotexture.

This scan has been got conducted by the complainant, when her health and condition deteriorated day by day. She approached for second opinion to Ragini as well JP Nursing Home Kapurthala. She gone through the scan referred by Dr. Atul Ratan through G Scan and Diagnostic Kapurthala on 26.08.2016 and she was under great shock, when she came to know that piece of placenta had been left by OP no.2 during surgery on 27.06.2016. In this document it is clearly mentioned that IMP:- UTERUS WITH POC.

As per medical literature, the definition of the product of conception is as under :-

products of conception

Obstetrics The aggregate of tissues present in a fertilized gestation; in a pregnancy thathas been terminated or aborted, chorionic villi and/or fetal tissue must be present in aspecimen to make a definitive diagnosis of intrauterine–as opposed to ectopic pregnancy; decidualized and secretory endometrium may be foundineither intrauterine and ectopic pregnancies