In the case of Mrs. Swapnil Mishra v Pushpanjali Healthcare, Delhi State Commission awarded damages to the tune of Rs. 25 lakhs to a woman who was subjected to Medical Negligence and lost her baby after the hospital misguided her. They advised her to plan a family alongside prescription of heavy Tuberculosis medicines.

This case of Medical Negligence had it’s genesis from the time when the complainant while on her menstruation suffered from excruciating pain and hence checked in with the Pushpanjali Healthcare in Vaishali, Ghaziabad. She was diagnosed and given heavy medicines for a disease she never had.

She was made to take expensive tests of Pathogen Assisted Molecular Pattern (PAMP) which was suggested to her by Dr. Sharda Jain, whom she visited in her private clinic. The results of this test declared that the complainant was suffering from Edometrium Tuberculosis. Even though she was put on such heavy medicines, she was always advised to plan her family alongside. It is a known fact that when such a kind of diagnosis is done, pregnancy is a huge risk. However no one imposed any kind of deterrence on her with respect to the same.

Therefore once the complainant carried on with her pregnancy, she suffered a lot of complications and after conducting tests, it was discovered that the growth of the baby was not proper. She then approached Fortis La Femme Centre for Women at Greater Kailash-II, New Delhi from where she got the reference of Dr. Neena Singh.

On the recommendation of Dr. Neena Singh, the complainant waited for 10 days to observe the growth of the baby and advised an ultrasound test. When the results of the test came in after 15 days, it stated that the baby was lost and she was asked to undergo Dilation & Curettage procedure.

After a few days, the complainant was yet again in immense pain and consulted her family physician. On the advice of the physician when an ultrasound test was done and the test results came in, the complainant was aggrieved by the fact that a leftover admeasuring approximately6″18 mm was still inside her.

The complainant raised this issue with Fortis La Femme Centre for Women at Greater Kailash-II, New Delhi who offered to do her second surgery absolutely free of cost. She suffered from immense trauma when Dr. Singh while performing the procedure, scratched her uterus so extensively that it led to immense damage on the wall of her endometium causing a very rare disease known as Asherman Synderome. This disease has such grave repercussions that it could make a woman infertile.

The complainant left no stone unturned in her search to find a competent doctor who could perform a surgery and cure her of this Syndrome. After much difficulty she did find a competent doctor who helped her conceive.

The woman finally approached the Delhi Consumer Court where Judicial Member O.P.Gupta while passing the order stated that it is absolutely unethical and impermissible for a doctor to misguide a patient just for the sake of earning money. It was also stated that a doctor should not make his or her patient scared and anxious and also ensure that they are not subjected to unnecessary expensive tests. Judicial Member O.P.Gupta also pointed out that, “The test conducted on the complainant for ascertaining TB was banned, conception during TB is not desirable. Despite that she was advised to plan baby immediately.” He further added that, “”The act and conduct of OP-4 (Dr. Singh) in doing D&C second time to remove the left out part is highly condemnable. In the process she scratched the uterus so extensively that it damaged the wall of endometium causing the very rare disease known as Asherman Syndrome that led to serious problems to the complainant.”

The Delhi State Commission held the doctors and the hospital guilty of medical negligence as well as for deficiency in services, thus awarding the complainant, compensation of Rs. 25 lakhs. However the court was of the view that no penal action should be taken against the doctors and the hospital authorities.

Judgment Link-Mrs Swapnil Singh V Puspanjali Healthcae and others

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