A great Gesture of a Sr. Gynaecologist who though absolved from charges of Medical Negligence, paid Rs. 2 lakhs to the bereaved mother . Adv. ROHiT ERANDE ©

 A great Gesture of a   Sr. Gynaecologist who though absolved from charges of Medical Negligence, paid Rs. 2 lakhs to the bereaved mother . 

Due to the Staff-Strike, the C Section could not be performed intime and Doctor refereed the patient to the higher center, but baby could not be saved. The Doctor was absolved from the allegations of Medical negligence 

Adv. ROHiT ERANDE ©


Before : NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION

NEW DELHI. 

Case Details : REVISION PETITION NO. 1786 OF 2017

(Against the Order dated 09/03/2017 in Appeal No. 259/2014 of the State Commission Punjab)

judgment Link 

http://cms.nic.in/ncdrcusersWeb/GetJudgement.do?method=GetJudgement&caseidin=0%2F0%2FRP%2F1786%2F2017&dtofhearing=2023-04-03

 DR. KIRANDEEP KAUR SANGRUR PUNJAB

Versus  

BEANT KAUR & 5 ORS.

BEFORE:  

  HON'BLE DR. S.M. KANTIKAR,PRESIDING MEMBER

ORDER : 03/04/2023

 Facts in short :

1. The Petitioner - the original opponent no.3 in the Compliant before the District Forum,  was working as a Gynaecologist in the CHC Hospital, Dhanula.

2      The patient who was pregnant, came to the hospital during intervening night of 12.08.2011 and 13.08.2011 with the history of abdominal pain. The staff nurse (Opponent-4) examined the patient and suspected gastritis.  Her labour pain further increased and meconium stained discharge noted.  

3. As there was no facility for C-Section, the Opponent-3 referred the patient to the Civil Hospital, Barnala to  Dr. Jasbir Singh Aulakh. The patient delivered a baby with meconium which subsequently died. 

4. Therefore, being aggrieved by the negligence of the OP-3 and the OP-4, the Complainant filed a complaint before the District Forum, Barnala, against the State  of Punjab, the CMO, Barnala, Dr. Kirandeep Kaur, staff nurse and Dr. Jasbir Singh Aulakh. 

5.       The District Forum held the partly allowed the Complaint against the State of Punjab (OP-1) and Dr. Kirandeep Kaur (OP-3) and directed to pay jointly and severally the compensation of Rs.2,00,000/- to the Complainant.

6.       Being aggrieved, Dr. Kirandeep Kaur (OP-3) filed FA 259 of 2014 and the State of Punjab (OP-1) filed FA 233 of 2014 before the State Commission. Both the appeals were dismissed and the Order of District Forum was upheld. Hence this Petition. 

Held : 

 1. From the record, it was observed that admittedly, it was full term pregnancy and the patient approached the Petitioner -Opponent no-3 in the midnight of 12-13.08.2011 with acute abdominal pain. 2. On the instructions of the OP-3 the staff nurse prescribed antacids, some lab tests were done outside and patient was kept under observation.  

2. The patient showed meconium stained discharge, therefore, emergency caesarian delivery was needed.  However, due to the strike of NRHM staff nurses at CHC, Dhanaula, the C-Section was not performed.  Therefore, OP-3 referred the patient to Dr. Jasbir Singh Aulakh at Civil Hospital, Barnala in the early morning by ambulance.  The C-Section was performed on 13.08.2011 at 10 a.m.  As the newborn was engulfed with meconium stain, it died after few hours.

3.      The Hon'ble commission held,  due to the strike of nurses, the OP-3 was unable to perform C-section and took prompt decision to shift the patient at Civil Hospital, Barnala. It was done in the best interest of the patient which does not constitute medical negligence. It was neither deficiency nor failure of duty of care from the OP-3.

4.    It is pertinent to note that the CHC Hospital is a government hospital providing free services and OP-3 was working as Govt. servant.  Therefore, it was a “Contract of Service” which the OP-3 was rendering in CHC.  Thus, the patient was not a consumer as defined under section 2(1)(d) of the Act,1986. This view dovetails from the recent decision of Hon’ble Supreme Court in Nivedita Singh Vs. Dr. Asha Bharti[[1] Civil Appeal No. 103 of 2021 – DOJ 7/12/2021] & Ors. Therefore, the Consumer Complaint filed before the District Forum  is not maintainable and allowed the Petition.   

The humanitarian gesture of the Doctor. 

5   At the end of argument,  the learned counsel for the Petitioner submitted on instructions from the Sr. Gynaecologist & Obstetrician (Petitioner-OP-3) that even though no negligence was attributable her; she volunteered to pay total Rs.2,00,000/- to the Complainant,  on humanitarian ground  for the death of new born. 

the Commission Appreciated the humanitarian gesture of Petitioner and allow to pay total Rs.2,00,000/- to the Complainant, after deducting the amount, if any, has already been paid or deposited.  This direction in any case shall not be construed as a precedent.

Indeed, perhaps the first case of its kind ! The Doctor out of her own pocket paid to the patient. One more important aspect is that of a strike of support staff cannot brind Doctors in trouble for loss of a life. In this case, indeed no amount of money would bring back the little baby to her mother, but the care shown by the Doctor is simply unbelievable , of course commendable. No doubt, this cannot be treated as precedent as rightly observed by the Hon'ble Commission. 


Thanks and Regards


Adv. ROHiT ERANDE. 

Pune. ©


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