Doctor ordered to pay Rs 2.5 lakh for death due to negligence

Doctor ordered to pay Rs 2.5 lakh for death due to negligence
PRESS TRUST OF INDIA

NEW DELHI, MARCH 17: The National Consumer Disputes Redressal Commission has ordered a Nagpur-based gynaecologist to pay a compensation of Rs 2.5 lakh to a man for his wife's death in 1990 due to ``negligent'' handling of her pregnancy.

The Commission, which found defendant Dr Mangla Bansod "guilty of medical negligence", also asked her to pay Rs 5,000 to the husband of the deceased as cost of litigation.

"We are of the view that there was carelessness and medical negligence and, therefore, deficiency in service in the management of the case of the deceased," Commission president Suhas C Sen and members Justice C L Chaudhary, Justice J K Mehra, Dr R Thamarajakshi and S P Bagla observed in a recent order.

The order came on a complaint filed by one Vijay Haribhau Mankar, husband of deceased Lata Vijay Mankar, seeking payment of Rs 7,47,600 as damages and compensation for the loss of life and mental agony caused to him and his family members.

The 37-year-old deceased was the mother of two daughters aged 16 years and 12 years.

The deceased, who was a regular patient of the defendant doctor all through her pregnancy, had complained of uneasiness on May 31, 1990 and was taken to the doctor for check-up.

The defendant prescribed her some medicines, said there was nothing to worry and advised her to go home as there was a week's time for the delivery. However, after taking the medicines she had bleeding in the night and was admitted to the nursing home the next afternoon.

But for almost five hours, no treatment was given to her. It was only when she started having labour pains and her brother requested Dr Bansod to take quick action that medicine was given to her at around 9 pm, it was alleged.

As her condition deteriorated further, she was urged to undergo a Caeserean operation to remove the dead foetus, but Dr Bansod turned down the request saying it would come out normally, the complainant alleged.

At midnight, Dr Bansod took the patient to labour room and remained inside for almost two hours. She came out at 2 am, only to inform the anxious family members of the patient that she had delivered a baby naturally and she was alright, while the fact was that she had almost died, it was alleged.

Immediately thereafter, she sent all the male members of the patient's family out of the nursing home under the pretext of arranging for blood and shifted the patient to the Government Medical College Hospital (GMCH) without the consent or knowledge of the relatives of the deceased, it was alleged.

In the GMCH, no medical treatment was given to her as she was already dead. She was admitted in the GMCH early in the morning on June 2, 1990 at about 2.45 am and as per the death certificate, she died of post-partum haemorrhage at 3.05 am.

But the defendant had claimed that the death had occurred because instead of taking the medicines prescribed by her, the deceased had taken medicines prescribed by her brother-in-law, also a doctor, and did not get admitted as per her advice.

However, the Commission, after recording the evidence of expert witnesses, concluded that the defendant was negligent in dealing with the case.