Yes, Doctor's efforts were appreciated by Court for saving a mother in her delivery..

A Dead Fetus Delivered, but the Mother was saved.... No Negligence..

A case showing difficulties faced by Doctors vis-a-vis patients in Rural areas...

Case Details :

Ch Ravi Kumar & anr. ,Nadigram,  A.P. V/s. Dr. M. Syam Sundar   Rev.Petn. No.540/2017. 

Judgmnt Link :

http://cms.nic.in/ncdrcusersWeb/GetJudgement.do?method=GetJudgement&caseidin=0%2F0%2FRP%2F540%2F2011&dtofhearing=2017-05-04

Facts in short :

1. The complainant no.2, Smt. Padmavati was taking the treatment from the Opponent, a Gynaecologist practising for 20 years. 

2. On 23/11/2006 @ about 7 a.m. the patient had Labour pains. On next day due to unbearable pain, she got admitted in the Hospital, however after LSCS a dead fetus was delivered. It was told to the patient that the fetus died 2 days back. It was alleged by the Complainant that she was always assured by the Doctor that everything was normal, despite that she delivered still born baby. She was never advised to undergo Ultrasound or was never referred to any other expert. Therefore due to negligence of the Doctors, she lost her baby and therefore both Husband and the Wife filed a case claiming Rs.2,50,000/-. In both the lower forums the complaint was partly allowed to the tune of Rs.50,000/-

3. It was contended on behalf of the Doctor that there was no negligence on his part. On 23/11/2006, after relief from the pain in abdomen, the patient left the Hospital. On next day she again came with severe abdomen pain and on examination it was found that she had inactive labor as it was post LSCS pregnancy and there was chance of threatened rupture. 

4. The patient was discharged on 7th day after removal of sutures, without  paying the balance bill. It was pointed out that the Village Nadigam, is virtually a rural area and the Doctors practising there had limited sources. IT was also pointed out that the Gynecologist and the Anesthetist both are well experienced and moreover the patient did not follow the advice to get admitted initially and in such case the fetus might have been saved.

Held :

1. The National Commission dismissed the Petition in favour of Doctor. it was observed that the patient was a non-cooperative. The medical Board also arrived at the conclusion that there was no Negligence.

2. The Medical Literature was also relied on which would show that there are many causes for still born birth. It also appreciated the qualification of Doctors. The Gynae having 20 years of experience and the Anesthetist coming all the ways from 60 kms.

3. The Doctors rightly diagnosed the patient as "threatened rupture of uterus" and the fetal movements were not clearly heard. Therefore the treating Docotor had a prime concern to save the mother in the instant case. 

4. It's true that we cannot fathom the grief and sorrow of the mother who lost her baby. But this emphasises need of an hour is to have better medical facilities at rural areas and it requires better allocation of Budget.. What can a doctor would do if he/she has no advanced facilities and no prudent Doctor will ever want his/her patient to die/suffer and he/she will take every effort to save the patient and in the instant case it was done. Let's pray that the lady becomes the mother of a healthy child !

Thanks and regards

Adv. Rohit Erande

Pune.  ©