Mrs. Parveen approached Dr. Abha at her nursing home with complain of stomach pain and bleeding. The doctor advised an ultrasound that reported ‘missed abortion’. Dr. Abha performed abortion the next day and asked the patient to rest for a few days. Days of inactivity turned Mrs. Parveen’s mind into a devil’s workshop.
To Dr. Abha’s surprise, Mrs. Parveen dragged her to the State Consumer Disputes Redressal Commission, Uttarakhand, making a range of silly and serious allegations. She alleged that the doctor, without even checking blood pressure, blood group and sugar level, ordered the nurse to perform the abortion while she was nowhere to be seen. She also claimed that an injection, that is given within 24 hours of an abortion to avoid future complications was given five days later. Mrs. Parveen concluded by claiming that doctors at Lala Lajpat Rai Medical College opined that the abortion was not done properly, and she continues to suffer mental agony.
Dr. Abha stood agape at the allegations. She specified to the Commission that she performed the abortion and not the nurse as claimed by the patient. The doctor clarified that the patient visited her only once after the abortion, and there were no complications. She questioned why did the patient not bring the ultrasound report from Lala Lajpat Rai Medical College or their doctors’ expert opinion on the alleged negligence?
The Commission was quick to reach a decision. It was evident that Mrs. Parveen had presented only her anguish and not any proof. It was specified to her that the law was settled on medical negligence – it was the patient’s onus to prove medical negligence either by expert opinion or medical evidence. Since Mrs. Parveen offered none, her case was dismissed without prejudice.
Source: Order pronounced by State Consumer Disputes Redressal Commission, Uttarakhand on 11h April, 2016.