Mr. and Mrs. Ghosh were feeling jubilant as their life was about to change, for good. Any new and soon-to-be-parents would perhaps feel the same way. While nearing the delivery date, Mrs. Ghosh unfortunately started bleeding severely and visited Dr. Basu who diagnosed her and performed D&C for incomplete abortion G.A. Her trauma did not end there. She continued to have unbearable pain and approached Dr. Basu again who advised a Torch Test.
Not satisfied with the treatment, the Ghosh family approached another doctor performed a USG and reported that the patient had a Ruptured Ectopic Pregnancy. This news shocked both Mr. & Mrs. Ghosh and to reconfirm the finding they approached yet another doctor who performed a USG and reported that Mrs. Ghosh had Right Tubal Pregnancy, and performed an operation.
The Ghosh family approached the State Consumer Disputes Redressal Commission, West Bengal to seek justice for their loss and pain. It was alleged that Dr. Basu did not perform USG before conducting D&C. It was further alleged that had the doctor not performed the D&C, there was a chance for the baby to be saved.
Dr. Basu was unmoved as he presented his defence. Citing medical reports, it was stated that USG had been indeed performed before conducting the D&C. It was further stated that the D&C procedure was confined to wash of uterus and uterine cavity and that did not affect Ectopic Pregnancy in the fallopian tube. The procedure was performed with due diligence, Dr. Basu concluded.
The Commission did not concur with the doctor as there were several loopholes observed in his treatment. Taking a note of medical records, the court stated the following: “The USG report that the doctor has relied upon to rule out the existence of Ectopic Pregnancy before D&C procedure reveals that the said USG test was confined to lower abdomen only and hence, it cannot indicate Ectopic Pregnancy in the fallopian tube which is at upper abdomen. Hence, the doctor should have advised for USG of whole abdomen as the patient complained of severe bleeding. Further, lack of proper service on behalf of the doctor is also indicated by the existence of Ectopic Pregnancy even after D&C procedure for incomplete abortion as presumed by the doctor because no pregnancy can exist after abortion”.
Making these crucial observations, the Commission held Dr. Basu guilty of negligence and awarded a compensation of more than two lacs to the Ghosh family.
Source: Order pronounced by State Consumer Disputes Redressal Commission, West Bengal on 26th October, 2017.