Haryana

Charkhi Dadri

CC/5/2022

Shummy Ahmed - Complainant(s)

Versus

Dr Asha Pahwa - Opp.Party(s)

Sh Manjeet Chahar

15 Oct 2024

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, CHARKHI DADRI.      

 

                                                          Complaint No.        05 of 2022

                                                          Date of Institution: 11.01.2022

                                                          Date of order:          15.10.2024        

Shummy Ahmed son of Shri Amin Khan, resident of near Bhagat Singh Chowk, Ward No. 19, Charkhi Dadri.

…..Complainant.

                                                VERSUS

Dr. Asha Pahwa, Asha Pahwa Nursing Home, Stadium Road, near Subham Vatika, Charkhi Dadri for herself as well as for Pahwa Nursing Home, Charkhi Dadri.

                                                                             …..Opposite party.

 

          COMPLAINT UNDER THE CONSUMER PROTECTION ACT

 

Before-        Hon’ble Shri Manjit Singh Naryal, President.

Hon’ble Shri Dharam Pal Rauhilla, Member.

 

Present:       Shri Manjeet Chahar, Advocate for complainant.

Shri Lokesh Mudgil, Advocate for the OP.

 

ORDER

                   Brief facts of the case are that complainant’s wife namely Rukhsana was underwent medical and ultrasound examination on 13.1.2021 and it was observed that her uterus was gravid with single foetus of around 18 week, lying in vertex position.  It is averred that both mother and child found in best of their health condition.  It is further averred that the complainant did not want to take any chance with the health of mother and child, so in order to get better medical facility visited Asha Pahwa Nursing Home, Charkhi Dadri (OP).  The OP charged consultation fee and advised blood tests and the ultrasound examination from specific labs.  It is further averred that as per advice, ultrasound examination was got done at Dr. Ashok Goel Ultrasound, X-ray and Lab, Charkhi Dadri and the blood tests were got conducted on 24.5.2021.  It is further alleged that in the examination, health and position of foetus was again confirmed and found conception with fully healthy baby of around 37 weeks and 6 days with 3285 grams of foetus weight.  It is further averred that the OP advised some medicines and follow-up to the complainant’s wife.  It is further averred that a total sum of Rs.1900/- was incurred on that day of diagnosis, treatment and medication.  It is further averred that the OP assured complainant and his wife that the health and position of baby is fully fit and fine and the delivery will be normal through vaginal passage.  It is further averred that the OP also assured that they have long experience and expertise in handling delivery cases and the health of mother was good with 12 grams of HB level in blood, there was no possibility of any kind of surgical interference during delivery, which was expected by 10.6.2021.  It is further averred that the wife of complainant on 5.6.2021 at about 11.00 pm complained of delivery pains, hence, they rushed to the OP hospital.  It is further averred that after deposit of advance consultation and delivery charges, the OP admitted his wife and congratulated the family members saying that the mother and baby were in perfect health condition and promised for the normal delivery within 4-5 hours.  It is further averred that by 5.00 am next morning, when complainant did not receive any information, he contacted the OP and they again assured that everything was fine and delivery will take in another 2-3 hours.  It is further averred that during that period OP did not allow anyone from family of complainant to meet his wife.  It is further averred that at about 8.00 am, the complainant again ask the OP that if there was any problem, we can take second opinion.  It is further averred that the complainant was also ready for surgery if necessary by some expert doctors, but OP assured that everything was in control and delivery will take after some more time.  It is further averred that the OP doctor did not provide proper medical facilities to the wife of the complainant.  It is further averred that the OP not informed about the death of baby in womb of complainant’s wife just to prevent him from taking his wife for better medical facilities and save the life of both mother and child.  It is further averred that upto 11.00 am, the OP kept on buying time and lastly informed that baby had died inside the womb but there was no danger to his wife.  It is further averred that upto 5.00 pm, the OP did not allow any one from his family to meet his wife and lastly informed that his wife also died.  It is further averred that the complainant immediately intimated the matter to the police and took the body of his wife to nearby Sunflag Hospital in the hope that she might survive, but doctors told that she had been brought dead.  It is further averred that Police lodged a formal FIR No. 133 dated 6.6.2021 and post mortem examination was also conducted by team of Dr. Naresh Kumar, Dr. Piyush Jain, Dr. Jitender Kumar Jakhar at PGIMS vide PMR No. PME/2021/06/05, which also reflects gross negligence on the part of the OP.  It is further alleged that due to negligence of OP doctor i.e. not providing proper medical treatment and not following proper procedure caused death of his wife as well as child.  It is further alleged that a legal notice was served upon OP and also moved a complaint to the authorities to take further and strict action upon the FIR, but the legal notice had not been replied and no action had been taken by the authorities.  It is further alleged that complainant was misguided by the OP just to extort money from him.  Hence, it amounts to deficiency in service on the part of OP Nursing Home.  Hence, the present complaint.

2.                On appearance, the OP had filed written statement stating therein that the patient Rukhsana was examined by answering OP Dr. Asha Pahwa regarding health and position of foetus.  It is averred that Rukhsana did not come to the Hospital on 5.6.2021 at about 11.00 pm for delivery, rather she came to the hospital at 2.00 am in the midnight on 6.6.2021 and was attended by Dr. Asha Pahwa at 2.10 am on same midnight.  It is further averred that on examination, she was stable conscious and her general condition was fair, B.P., Pulse were within limit, CVS Chest clear.  It is further averred that a false FIR had been lodged against the answering OP, as no offence made out against the doctor, as she gave proper treatment to the patient and Rukhsana was referred to the Higher Center due to some breath problem and fetal heart rate was present at that time.  It is further averred that the complainant had moved an application before Medical Negligency Board at Charkhi Dadri and after hearing both the parties and perusal of records, no negligency was shown by Medical Negligence Board against the OP doctor.  Hence, there is no deficiency in service on the part of answering OP and complaint is liable to be dismissed with costs. 

3.                Both the parties in support of their respective averments tendered in documentary evidence their respective affidavits and adduced certain documents.  Reference of relevant record shall be given in this order. 

4.                 We have heard both the counsel for the parties and gone through the case file thoroughly and after hearing the rival contentions of both the parties, we are of the convinced view that the present complaint has no merit and the same deserves dismissal for the reasons mentioned hereinafter.

5.                It is admitted fact that the wife of complainant was admitted in OP Nursing Home and she was treated by the OP.  It is also admitted fact that the wife of complainant and baby were died in a delivery process undertaken at Nursing Home of the OP.  It is also admitted fact that all the tests, which were necessary before the operation were got conducted by the OP.  The only plea taken by the complainant is that the OP has failed in controlling the delivery case of the wife of complainant, due to which the wife of complainant and baby were died. 

6.                In our view, the plea taken by the complainant has no substance, because he has not placed on record some cogent and convincing evidence to prove any negligence on the part of OP doctor.  The onus to prove that there is negligence on the part of treating doctor is upon the complainant, but the complainant has failed in doing so.  Mere making pleadings that the OP has failed in controlling the delivery case of complainant’s wife during treatment/operation, due to which complainant’s wife and baby died is not sufficient, complainant has to prove this fact by producing some cogent & convincing documentary evidence, but he failed to do so.  On the other hand, the OP has placed on record (i) investigation report of Medical Board Ex. R1, (ii) Final report of Police Ex. R2, (iii) Histopathological Examination Report of Viscera Ex. R3 and (iv) Report of Department of Forensic Medicine, Rohtak Ex. R4, to prove his contention that there was no medical negligency on the part of the OP doctor.  More importantly this fact has been attributed by Medical Negligency Board constituted by the Civil Surgeon, Charkhi Dadri vide letter No. CSD/2021/SS/378-383 dated 26.7.2021, by concluding that

“In view of all documents/statement/post mortem report/records there is no negligency found in this case”.  

          This wipes out all allegations of the complainant and the same has not been refuted by the complainant.  So, the plea taken by the complainant has no merit in the eyes of law and we are constraint to reject the same.

7.                Therefore, in view of the facts & circumstances mentioned above, there is no deficiency in service on the part of OP and as such, complaint of the complainant is liable to be dismissed and as such, the complaint of the complainant is hereby dismissed with no order as to costs. Certified copies of the order be sent to parties free of costs.  File be consigned to the record room, after due compliance.