Medical Negligence: Delhi State Commission Awards Rs. 25 Lakh To Woman As Compensation [Read Judgment]

Background

When 28-year-old Swapnil Mishra complained of heavy pain during her period and checked in with Pushpanjali Healthcare in Vaishali, Ghaziabad little did she know how tedious journey it was going out to be. She was prescribed heavy medicine for the disease she never had.

In fact the complex, costly tests of Pathogen Assisted Molecular Pattern (PAMP) she was advised by Dr. Sharda Jain, whom she visited at her private clinic on her advice, declared complainant was suffering from edometrium Tuberculosis. Despite the diagnosis and heavy medicine she was prescribed to take, she was advised to plan family simultaneously. Pregnancy is a hugest risk as per medical science alongside such diagnosis.

After pregnancy, woman suffered complications and after conducting some tests doctors found growth of baby was not proper. She then went to Fortis La Femme Centre for Women at Greater Kailash-II, New Delhi from where she was referred to Dr. Neena Singh.

Dr. Neena advised the complainant to wait for fifteen days to watch the progress of the baby and advised the ultrasound test. After 15 days she saw the ultrasound report and declared the baby was lost. She advised the complainant to go for the procedure of D&C (Dilation & Curettage).

Within some days after D&C, complainant experienced very severe pain in her lower abdomen and on checking with the family physician who advised ultrasound test, complainant received a big shock as leftover admeasuring approximately6"18 mm was still inside her.

Fortis hospital agreed to do second surgery free of charge and complainant suffered real trauma of negligent conduct when Dr. Singh scratched her uterus so extensively that it damaged the wall of endometium causing the very rare disease known as Asherman Syndrome. The disease is capable of terminating the chances of fertility and may shatter the dream of a lady to become mother.

The complainant went from pillar to post in search of a competent doctor to get operated for this rare disease and after much difficulty post operation she was able to conceive.

Doctor can't be allowed to misguide the patient just for earning money

After this tough ordeal, woman moved Delhi Consumer Court and judicial member O.P.Gupta noted while passing the order that a doctor cannot be allowed to misguide the patient just for earning money. He said that a doctor is also not expected to make the patient scared and advise unnecessary costly tests.

"The test conducted on [the] complainant for ascertaining TB was banned, conception during TB is not desirable. Despite that she was advised to plan baby immediately."

He added further:

"The act and conduct of OP-4 (Dr. Singh) in doing D&C second time to remove the left out part is highly condemnable. In the process she scratched the uterus so extensively that it damaged the wall of endometium causing the very rare disease known as Asherman Syndrome that led to serious problems to the complainant."

Compensation Awarded

Commission found doctors and hospitals guilty of "medical negligence" and "deficiency in service" and awarded complainant woman compensation of 25 lakhs accordingly. However, it did not entertain the plea of taking penal action against the erring doctors and hospitals.

Complainant was represented by the advocates Vardhman Kaushik, Karn Deo Baghel and Nishant Gautam in the case.

Click here to download the Judgment.