Failure to rule out ectopic pregnancy was considered as breach of duty to care and costed 1.50 lakhs to Doctors.

Failure to rule out ectopic pregnancy was considered as breach of duty to care.

 Case Details :
Dr. Kusum Sabharwal V/s. Sangeeta Agarwal.
R.P. No.2058/2013.
Link :
http://cms.nic.in/ncdrcusersWeb/GetJudgement.do?method=GetJudgement&caseidin=0%2F0%2FRP%2F2058%2F2013&dtofhearing=2018-01-11

Facts in short :
1. The Complainant - Sangeeta Agarwal approached the Doctor for terminating her pregnancy, in Taravati Ramgopal Mehra Charitable Foundation Medical Center, New Delhi. After necessary legal and medical formalities, MTP was performed. After 15 days, the patient had abdominal pains and therefore she approached the Doctor. The USG report was also normal and hence she was treated symptomatically. 
2. It was further contended that the Complainant then approached another Gynecologist who again referred to her  same Sonologist, but in vain. After few days the patient fell in the house and in critical condition she was taken to St. Stephen Hospital. During investigation, she was diagnosed as a case of "Ruptured Ectopic Pregnancy Right Side". UPT was positive. After emergency operation blood clots 200ml were removed. 

3. IT was alleged that the MTP was not performed properly and hence a case of Medical Negligence was filed claiming Rs.20 lakhs compensation.   

4. The Doctors and Hospital defended the cases and refuted the allegations. It was contended that the Hospital is a charitable one and does not make any profits and the Doctor is a visiting consultant and not employee. The MTP was conducted legally. There was no symptoms of Ectopic Pregnancy and the another Gynecologist Dr. Meghana Kulkarni also did not confirm the same.

5. However the District Commission allowed the appeal and directed the Doctor and Hospital to pay Rs.1,50,000/- jointly. Appeal in State Commission was also dismissed. Hence the Revision Petition.

Held:
1. The National Commission examined the record and proceedings and heard the Ld. Advocates for the parties and dismissed the Revision Petition. Complainant relied upon the expert Opinion of GTB Hospital sought by the Complainant. The expert report clearly mentioned that both the Doctors even after revealing bulky uterus with tenderness in right adexa., diagnosis of ectopic pregnancy was not entertained and she was treated with antibiotics only. 

2. The Doctors failed to send the D&C material to confirm whether it was the product of (pregnancy) conception. It was a casual approach. As per Medical Literature, it is a bounden duty of Doctors to send the surgical specimen for histopatholgical examination for confirmation of the diagnosis and further management. The Gynecologists as well as Sonologist committed breach of duty of care.

Such cases are an eyeopener for other Doctors, so that  future disputes can be avoided. I think a case to be pondered over by Doctors.

Thanks an Regards

Adv. Rohit Erande
Pune. ©

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