KAVITA SALUJA Vs. AQEELA BEE
MADHYA PRADESH STATE CONSUMER DISPUTES REDRESSAL COMISSION
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(1.) BOTH these appeals under Section 15 of the Consumer Protection Act, 1986 , one (No. 2067/2002) by opposite parties and the other (No. 58/2003) by complainant, arise from the order dated 7.10.2002 passed by District Consumer Disputes Redressal Forum, Bhopal in Case No. 317/2001 directing opposite party -Dr. Smt. Kavita Saluja to pay to complainant -Smt. Aqeela Bee compensation Rs. 50,000 and cost of litigation Rs. 2,000.
(2.) IN Appeal No. 2067/2002 filed by opposite party -Dr. Kavita Saluja and her husband -Dr. Ajeet Saluja, with the leave of this Commission Oriental Insurance Company Ltd. has been allowed to be impleaded as respondent -opposite party. The permission was granted in view of the Professional Indemnity (Dr. IMA) Insurance Policy obtained by Dr. Kavita Saluja from the respondent -company for a sum of Rs. 10,00,000 and which was in force from 10.5.2000 to 9.5.2001. It was during this insurance cover period of the policy that Dr. Kavita Saluja performed medical termination of pregnancy of complainant -Smt. Aqeela Bee on 22.7.2000 at Saluja Nursing Home run by her and her husband Dr. Ajeet Saluja. It is no more in dispute that during this M.T.P., complainant was administered injections of fort -win, phenargan and methergine/ergotamine. It appears that the complainant, a day or two after M.T.P. developed blackening of right hand and loss of sensation in elbow. She first consulted the operating Dr. Smt. Kavita Saluja and was later on referred to Paras Hospital where she was examined and treated by Dr. Punit Dixit. She was diagnosed to have developed vascular gangrene and her right hand was amputated from above the elbow on 25.7.2000. It s a common ground that it was the effect of injection of some medicine administered to the complainant during M.T.P.
(3.) ACCORDING to the complainant all the three injections fortwin, phenargan and methergine were given to her intravenously by Dr. Kavita Saluja in her right arm on 22.7.2000 which led to development of vascular gangrene and resulting in amputation of her right arm making her permanently disabled and putting her to lot of expenses besides physical and mental agony. She alleged medical negligence on the part of Dr. Kavita Saluja and her husband and approached the Forum below praying for awardment of compensation Rs. 5 lacs.
The complaint was resisted by opposite parties and it was contended that there was absolutely no negligence on their part in performance of M.T.P. of the complainant. According to them only fortwin injection was administered intravenous while both other injections phenargan and methergine were injected muscularly in gluteal region. It was further stated that although injection methergine may some time cause vascular gangrene, nevertheless it is a well accepted medicine administered even during normal deliveries to check bleeding.;
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