Perused the record and the expert opinion sought from the
RIMS, Ranchi of the Medical Board.
Complainant Sudha brought this case against the O.P. Dr. Srikant for medical negligence on account of his report of sonography.
It is claimed that the report of the O.Ps. showed foetus was normal and her treatment was going on. According to Dr. Varsha the growth of the foetus was lagging compared to gestational age. Ultrasound was done on 03.07.2016 by O.Ps. Dr. Srikant who found no anomaly in foetus but on 20.07.2016 the complainant gave birth to a baby in B.G.H. through caesarean but the baby was not fully developed and unable to breast feed and other problems. The baby was suffering with Di-george syndrome, a congenital disease which was prevalent since conception due to missing chromosome 22.11.b.
The opinion sought from RIMS, Ranchi, do not include opinion of expert Sonologist. However, opinion of Radiologist is relevant in this concern which gave opinion that “These omission may occur in few percentage of Cases” and he gave reference of Text Book” Diagnostic Ultrasound by Rumack and Wilson”, 4th addition, page 1306 for this opinion.
We have gone through the facts of the case and the opinion of experts. It appears to us that this case does not fall under medical negligence, since a Sonologist can scan a foetus in womb externally and gave opinion on external basis. In the instant case, the technical part of Sir Ganga Ram Hospital regarding the baby’s treatment which
cannot be made basis for negligence of the O.P. Sonologist for the underdeveloped baby. It is a rare chance of freak baby for which sonologist cannot be hold responsible for medical negligence.
Hence we are of the decision that it is not a case of medical negligence and complaint is not maintainable. Therefore, this complaint is hereby, dismissed as not admitted.
O/c to deposit the record in the record room.
