BEFORE THE DISTRICT FORUM (UNDER CONSUMER PROTECTION ACT, 1986) MEDAK AT SANGAREDDY
Present: Smt. Meena Ramanathan, B.Com.,FAC President/Senior Member
Sri G.Sreenivas Rao, M.Sc.,B.Ed.,LL.B., PGADR (NALSAR),Male Member
Monday, the 13th day of February 2012
C.C. No. 55 of 2010
Between:
Smt. Parveen Begum W/o Mohd. Moiz,
Aged 30 years, Occ: Housewife,
R/o 2-5-26, Shastri Road, Sadasivpet,
Medak District. …..Complainant
And
Dr. E. Regina D/o not known, Occ: Gynecologist
And Obstetrician, Manasa Hospital, Shanthinagar,
Sangareddy Town, Dist. Medak. ….Opposite party
This case came up for final hearing before us on 23.01.2012 in the presence of Sri L. Sangram, Advocate for complainant and M/s C. Narsing Raj and Sri N. Shiva Kumar, advocates for opposite party, upon hearing arguments of both sides, on perusing the record and having stood over for consideration till this day, this Forum delivered the following:
O R D E R
(Per Smt. Meena Ramanathan, FAC President)
1. The complainant is a house wife and resident of H.No. 2-5-26 and the opposite parties is Dr. E. Regina, Gynecologist & obstetrician in Manasa Hospital Shanthinagar, Sangareddy, Medak. The complainant used to come to opposite party for health check up frequently. She approached opposite parties on 04.10.2008 when she was three months pregnant. She was prescribed some medicines and was advised to complainant for a check-up on 17.10.2008. On that day the opposite party doctor entrusted the complainant to her (Male) junior doctor who wasn’t experienced and nurses. She started to bleed and an injection was given to control the bleeding but to no avail and the foetus was aborted without her consent. They collected Rs. 9,100/- from her. She went into shock and was advised to go to Hyderabad for further treatment. At BBR hospital, after thorough investigation they finally removed the uterus. The complainant states that she lost her chance of becoming pregnant again owing to the negligent treatment provided by opposite parties.
The opposite parties – Dr. E. Regina (details) states that she is a qualified gynecologist and having good knowledge in gynecology. She is running Manasa Hospital at Shanthinagar, with qualified junior doctor and nurses. The complainant used to come to her for treatment, and she visited her on 4.10.2008 for treatment. She tested positive for pregnancy and early treatment was started.
It is the 4th pregnancy for the complainant and her previous three pregnancies were LSCS and the 4th pregnancy was not advised by the Gynecologist – usually after three LSCS pregnancy should be avoided preventing serious complications, which may he fatal. The complainant was advised to undergo tubectomy but neglected to do so. On 17.10.2008 the complainant came to Manasa Hospital with sparse bleeding. After examination, Gynonys injection was administered and an ultra sound scan of abdomen was advised.
While waiting, the complainant started profuse vaginalbleeding, consent of the attender was obtained and instructions given to the junior doctor. Accordingly blood transfusion was given and good critical care provided. She was treated with 1).Blood transfusion 2).Injection Hydrocortisone (to raise BP). Despite good critical care, there was continuous vaginal bleeding, hence the complainant was advised to go to a better hospital. At BBR hospital the patient under went hysterectomy. The alleged abortion could have occurred after 3 LSCS. She further states that there is no deficiency on her part.
The complainant issued a legal notice dated 14.10.2008 demanding a compensation of Rs. 5,00,000/- and damages Rs. 10,000/- towards costs & Rs. 25,000/- towards mental agony.
Cross examination of DW1 in brief:
Dr. Regina states that she is a practicing Gynecologist – for the last 14 years at Manasa Hospital at Shanthinagar. It is her hospital registered in the Indian Medical Board. Although the registration number is not mentioned. There is no entry in the inpatient register as the complainant was not treated as an inpatient. The complainant has come to her hospital for about 10 years – as suggested names of the junior Doctor is not mentioned and the complainant did not have to go to a higher institution / hospital because of negligent treatment in Manasa Hospital. Although reference letter was given to complainant they have not maintained an office copy.
Cross examination of RW2 in brief:
Dr. Usha Kiran was a Deputy Civil Surgeon, Government Hospital, Sangareddy was asked to give her evidence. She states with each caesarian the scar will become weak and leads to many complications like haemorrhage in Ex.A2, there is a haematoma in the lower part of the gestational Sac and chances of bleeding per vagina. Gynonys is a progesterone injection given for continuation and protection of pregnancy.
Both the parties have filed their affidavits reiterating the facts stated in the complaint and counter respectively – on behalf of the complainant Ex. A1 to A9 are marked. On behalf of opposite party Ex.B1 to B4 are marked. Perused the record. Written arguments of complainant filed, opposite party not filed. Oral arguments of both sides heard. Perused the record.
The point for consideration is did the complainant receive negligent treatment at the Manasa Hospital where Dr. Regina is a consultant Gynecologist and Obstetrician?
We have heard at length the learned counsel for the parties. Apart from the affidavits and the medical records filed and the supporting or corrobarative evidence, they have also submitted the deposition (interrogatories) of medical practioners. Under the circumstances, we proceed to decide the dispute on the basis of the contentions and rebuttals made by the parties.
a) Admittedly, Smt. Parveen Begum - the complainant was pregnant for the fourth time, after having had three caesareans earlier on 04.10.2008 when she went to Manasa Hospital she was advised in injection gynonys – by Dr. Regina and her BP was 140/70 mm Hg.
Except Ex.A1, Ex.A2 & Ex.A3 rest of the Exhibits concern the complainant treatment at BBR Hospital – Ex.A2 date 04.10.2008 has list of prescribed medicines. Ex.A2 dated 17.10.2008 has injection gynonys 500 written and advised scan. BP and Weight are not recorded, neither is attending doctor’s signature.
Ex. A3 Bills pertaining to Manasa Hospital.
Dr. Regina states she is a Gynecologist and obstetrician but on her hospital letter head it only says MBBS. Does it qualify her to say that she is a qualified Gynecologist and Obstetrician? She may be an experienced doctor but that doesn’t make her statement correct. The way the prescription is written is without the complainant’s / patient - age, weight, no signature of attending doctor, speaks volumes about the doctor. The treatment given to the complainant and endorsed by Dr. Usha Kiran show that Dr. Regina acted with competence but not in accordance with prevalent standards. When the complainant is bleeding profusely and is in a state of shock, consent of family members/attenders must be obtained and if complainant/patient is being referred to a higher institution due diligence and caution should he exercised and records should explain the condition of the patient. The doctor cannot hide behind a shroud of anonymity.
The complainant / patient too has her share of responsibility. After 3 LSCS should she not take care not to fall pregnant knowing the risk involved? Blaming the doctor for her lapses and negligence is being fool hardy.
Dr. Regina has stated that she gave instructions to her junior doctor and the patient was administered anesthesia during the procedure. No records are submitted to that effect. Full record of the diagnosis, statement should be maintained. Is this not another example of medical negligence on the part of the doctor who claims to be a gynecologist and Obstetrician but without the corresponding qualifications? The complainant was admitted to BBR Hospital on 17.10.2008 in a state of shock and underwent a hysterectomy. Her condition was critical and she spent a huge amount on her treatment there. Dr. Regina has also very categorically stated that the patient was administered anesthesia before treatment. Even then the patient records are not maintained, which is extremely negligent on the part of the doctor / Hospital, and amounts to deficiency in service.
An MMBS Doctor cannot be called an Obstetrician and Gynaecologist but she is allowed to perform abortion provided she/he meet the criterior as detailed in the 1971 Act. Consent and admission as already mentioned is mandatory. The complainant spent close to Rs.70,000/- on her treatment. An admission register should be maintained for all abortion cases and consent is compulsory from patient / family member.
In the result the complaint of the complainant allowed and we direct the opposite party to pay a sum of Rs. 70,000/- for money spent on treatment and further to pay Rs. 50,000/- towards compensation and deficiency of service rendered by opposite party. And Rs. 10,000/- towards costs. One month time granted for compliance.
Typed to dictation, corrected and pronounced by us in the open forum this 13th day of February, 2012.
Sd/- Sd/-
FAC President/Senior Member Member
APPENDIX OF EVIDENCE
For Complainant: For Opposite parties:
- Nil- -Nil-
WITNESS EXAMINED
For Complainant: For Opposite parties:
-Nil- -Nil-
EXHIBITS MARKED
For Complainant: For Opposite parties:
Ex.A1/dt. 31.10.2008 – Copy of legal notice. | Ex.B1/dt. 12.12.2008 – Reply of Ex.A1. |
Ex.A2/dt. 04.10.2008 – Medical prescription of opposite party (Three pages) | Ex.B2/dt.12.12.2008 - Postal registration receipt. |
Ex.A3/dt. 17.10.2008 – Medical bill of opposite party (4 receipts). . | Ex.B3/dt. 15.12.2008 – Acknowledgement. |
Ex.A4/dt.17.10.2008 – Discharge summery of BBR Hospital, Secunderabad. | Ex.B4/dt. 17.10.2008 – Consent. . |
Ex.A5/dt. 17.10.2008 – Antenatal scan report of Cotlak Diagnostics. | |
Ex.A6/dt. 17.10.2008 – Haematology report of BBR hospital (6 pages). | |
Ex.A7/dt. 18.10.2008 – Medical prescriptions (23 prescriptions). | |
Ex.A8/dt. 18.10.2008 – Medical bills of BBR hospital (13 pages – 27 bills). | |
Ex.A9/dt. 17.10.2008 – IP Detailed Bill of BBR Hospital , Secunderabad. | |
| |
Sd/-
FAC President/
Senior Member
Copy to
1) The Complainant
2) The Opposite party
3) Spare copy
Copy delivered to the Complainant/
Opp.Party On ______________
Dis.No. /2012, dt.
