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Institute of Medicine & Law

Miscarriage that was not

Miscarriage that was not

Pregnancy is one of the most rewarding and life-changing experiences for a woman. And this feeling is lot stronger for first time mothers. In this case however, the beautiful experience of motherhood almost turned out to be a nightmare for the patient.

Manju, a 22 year old hale and hearty lady was in the second month of pregnancy. She visited her gynaecologist for prenatal check-ups. An ultrasonography (USG) was performed which showed vaginal bleeding (PV). The doctor suspected miscarriage and hence, advised dilation and curettage (D&C).

The visibly devastated mother rejected surgical abortion and opted for pills instead. She suspected something amiss and visited a diagnostic centre where another USG was done that reported a healthy foetus!

The shocked soon-to-be mother was furious at the gynaecologist and sued her. The Consumer Commission too was perhaps equally unhappy as it stated the following:

“This is a case of glaring failure of duty of care and negligence on part of the gynaecologist who merely on symptoms of bleeding PV concluded that it was a case of miscarriage. Moreover, the USG report performed at gynaecologist’s clinic was unsigned and it is unknown whether it was done by a qualified radiologist. The report is also devoid of findings of foetal heart. On the next day itself, another USG was done, performed by a qualified radiologist who confirmed a single live uterine pregnancy”.

The gynaecologist was obviously held negligent and also ordered to pay compensation.

Source: Order pronounced by National Consumer Disputes Redressal Commission, New Delhi on 18th March, 2020.

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