PRABHA RAWAT Vs. DEEPTI SRIVASTAVA

JUDGEMENT

(1.) VIDE impugned order dated 30th January, 2001 the complaint of the appellant seeking compensation and payment of expenses incurred by her due to the medical negligence of the respondent was dismissed.

(2.) FEELING aggrieved, the appellant has preferred this appeal.

(3.) THE allegations of the appellant, in brief, were that she was suffering from severe abdominal pain and irregular menstrual cycle in July, 2000. She went to the respondent's clinic on 13.7.2001 for treatment. She was examined by the respondent superficially and diagnosed to be suffering from PID with cervicitis with urinary tract infection. The respondent's treatment continued from 13.7.2000 to 24.8.2000. During the period, no tests were prescribed. Since the appellant was not having relief, the respondent continued changing medicines on every occasion. On 14.9.2000, the appellant went to Timarpur alongwith her husband to a friend's place where she had severe pain in abdomen and collapsed. She was taken to Dr. Khurana's ultrasound clinic who did ultrasound and found that the appellant was having tubal pregnancy of 8 -9 weeks and suggested that she be rushed to a nearby hospital for emergency surgery as fallopian tube may burst any moment with serious risk to appellant's life. She was immediately taken to Tirath Ram Shah Hospital where she was operated upon and saved by timely arrival. The hospital charged Rs. 16,645 for the treatment. Besides an amount of Rs. 10,000 was spent on medicines. The appellant alleged that on account of miscalculation and lack of clinical sense, the appellant and her family members suffered mentally, physically and financially. The appellant further stated that it was respondent's duty to prescribe and advise tests like ultrasound, X -ray abdomen, C.T. Scan and/or MRI for proper diagnosis instead of using hit and trial methods and that had caused grievous hurt to her. Appellant claimed Rs. 1,03,845 towards costs of operation, amount spent on ongoing medical treatment and damages for harassment.