N A ANANDA KUMAR Vs. RAMA MANI NURSING AND MATERNITY HOME

JUDGEMENT

(1.) COMPLAINANT No. 2 is the wife of complainant No. 1. She was pregnant for the second time. On 23.2.2001, she had gone to OP1 Hospital for consultation and for confirmation of pregnancy. After necessary tests, pregnancy was confirmed. On 12.3.2001, she went to OP1 Hospital for further consultation when she was told that the expected date of delivery was on 24.8.2001. She was also informed that she was keeping normal health and there was nothing to worry. It is further contended that the second complainant was strictly following the instructions given to her and she used to visit the Hospital periodically as advised. She was also taking the vitamin and iron tablets regularly. On 25.6.2001, scanning was done and she was told that the EDD would be on 15.7.2001. On 2.7.2001, when the complainants visited the OP1 Hospital, she was advised to undergo scanning at Navarang Diagnostic Centre. On 3.7.2001, she underwent scanning at Navarang Diagnostic Centre. On the same day, she also underwent Cardiotocography at Dr. Prakash K. Mehta of Asha Pregnancy Care Centre where the Doctor informed the complainants that everything was normal. On 7.7.2001, when complainant No. 2 went to OP1 Hospital again along with the complainant No. 1 at about 7.00 p.m. for regular check -up, OP compelled the complainant No. 2 to get herself admitted on the ground that she required immediate caesarean operation. The complainants contend that since they were already at disposal of the OP1 Hospital, they had no option except to surrender to the advice of the said Hospital and therefore complainant No. 2 got herself admitted in the Hospital. Thereafter, she was taken to O.T. Caesarean was done at about 9.05 p.m. and Rs. 20,000 was collected for the operation.

(2.) THE complainants further contend that after caesarean operation, OP1 took unilateral decision and contacted Bangalore Children Hospital and Research Centre, got an Ambulance to shift the baby to the said Hospital without taking the consent of the complainants. After the baby was shifted to Bangalore Children Hospital, it was diagnosed that the gestational age of the baby was 33 weeks and that baby was premature. The baby was then put into Neonatal Intensive Care Unit upto 4.8.2001. Costly medicines were administered. Complainants had to spend over Rs.1.50 lakh on medicines, hospital charges and Doctors fees apart from other incidental expenses. The complainants also contend that they have paid Rs. 50,000 to OP 1 Hospital for consultation and hospitalization charges.

(3.) THEY further contend that in spite of 28 days of treatment at Bangalore Children Hospital, the baby could not be bailed out and ultimately the baby expired on 4.8.2001. The complainants contend that on account of the mistake done by Doctors at OP1 Hospital, there was premature delivery, as a result of which, the child died and the complainants were put to physical suffering, mental agony and financial loss and hence the complaint seeking direction to the OPs to pay compensation of Rs. 6.00 lakh.