The patient, a pregnant lady, was under the antenatal care of a gynaecologist. First USG was performed in the month of June; its findings were normal. Another USG performed in the month of January reported anomaly in the foetus.
Eventually, the patient delivered a baby suffering from hydrocephalus.
The mother was inconsolable; she dragged the gynaecologist to court.
The doctor submitted that USG was performed on different occasions from June to January. Only in the month of December, the anomaly was detected which was confirmed in USG performed in month of January.
The doctor further pointed out that when the foetus was detected with hydrocephalus, there was no treatment available. There was very little a doctor could do under such circumstances, concluded the gynaecologist.
The Court accepted gynaecologist’s defence, and observed that she had followed standard protocol and had even referred the patient to a senior gynaecologist, at a higher centre, for a Level II USG scan, but the patient did not heed to the advice.
Given the circumstances, case against gynaecologist was dismissed.
Source : Order pronounced by West Bengal Consumer Disputes Redressal Commission on 4th July, 2023.