Monday, June 3, 2019

Rs. 25 lakh damages for medical negligence

NEW DELHI, JUNE 03, 2019 00:00 IST

Woman with TB wrongly advised to plan pregnancy

The Delhi State Consumer Forum has awarded a sum of Rs. 25 lakh to a woman, who lost her unborn baby, after a local hospital wrongly advised her to plan their first baby simultaneously with tuberculosis medicines.

The 28-year-old Swapnil Mishra’s ordeal did not end at the first hospital, as another hospital in Delhi left a portion of the dead foetus in the womb, following an operation, forcing her to undergo re-surgery resulting in further medical complications.

Initial stage

It all began at Pushpanjali Healthcare in Vaishali, Ghaziabad in November 2011 when the woman went for a medical check-up after she suffered heavy pain during her menstrual cycles.

She was referred to Dr. Sharda Jain in the hospital, who advised her to undergo a battery of tests including Pathogen Assisted Molecular Pattern (PAMP).

The result of the tests shocked her as Dr. Jain declared her to be suffering from edometrium TB.

Dr. Jain further advised her to immediately plan their first baby, even while taking medication for TB, as otherwise it would be “too late” for them.

After becoming pregnant, the woman ran some tests with other doctors and found that the growth of her baby was not proper.

She then went to Fortis Le Femme Centre for Women at Greater Kailash, where she was referred to Dr. Neena Singh.

Dr. Singh advised her to wait for 15 days.After 15 days, the ultrasound report declared the baby was lost. The doctor advised her to go for D&C (Dilation and curettage). On April 10, 2012 Dr. Singh did the procedure, leading to the further complications. The woman then moved the consumer forum for compensation. The consumer court held the hospitals and doctors “guilty of medical negligence and deficiency in service” and awarded compensation. However, it declined the plea to initiate penal action against them.

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