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| Commission directs doctor to pay Rs 36 lakh for negligence | | | Early Times Report
JAMMU, Mar 16: A bench of Justice (Retd) Sunil Hali and DK Kapoor D&SJ (Retd) granted Rs 20 lakh as compensation for medical treatment out of which Rs 15 lakh shall be kept in the fixed deposit of the child besides Rs 15 lakh as compensation on account of pain and sufferings undergone by the complainants no 1 and 2, parents of the child, who was born abnormal and Rs 1 lakh incurred on litigation charges.
The order was passed in a consumer complaint filed my Seema Kumari and her husband Atish Kumar of Udhampur on the allegation that Dr KC Sharma and his wife Dr Uma Sharma (Gynecologist) are running Serv Sidhi Ultra Sound Scanning Centre and Nursing Home, at Udhampur without adequate qualification, expertise and recognition from MCI. Seema used to visit this centre during her pregnancy and availed their services, where ultrasound tests etc were conducted by them and she was told that the conceived baby had normal development. Experts & qualified radiologists later on confirmed that the child in the womb suffered from hydrocephalous disease (cavities in brain) and it could be detected earlier if the sonographers/sonologists were experienced and suitably qualified.
Later, Dr Manisha Langer, a qualified Radiologist, told the Commission that myelo meningocele can be detected by ultrasound within 15 to 16 weeks of pregnancy. The detection rate becomes better after 24 to 25 weeks.
At the belated stage termination of her pregnancy was not advisable, nor permissible, so Seema Kumari was impelled to give birth to an abnormal child who needs nursing and attention round the clock and the process is a life-long process.
The Consumer Commission held this is the fit case of medical negligence as the newly born baby will have to be dependent throughout his life due to incurable developmental deficiencies and awarded compensation holding that foetal USG is the most important tool to provide prenatal diagnosis of foetal anomalies and passed award against the above named doctors.
The Commission passed directions under the J&K Preconception and Prenatal Sex Selection/Determination (Prohibition and Regulation) Act,2002 and also directed thea 'a copy of this judgment shall be forwarded to the Commissioner/Secretary to Government Health & Medical Education J&K to examine the direction laid down in the judgment and have these implemented in the State of Jammu and Kashmir.' (JNF) |
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