No clarity, no cause and no case

  • Posted on: December 23, 2021


The patient, with a history of ectopic pregnancy, conceived second time and approached a hospital where the gynecologist prescribed medicines. After about a month she experienced pain in abdomen and visited the hospital. She was referred to a higher center as the embryo was developing in fallopian tube.

A doctor at this higher center confirmed the diagnosis and performed surgery to remove the fallopian tube.

Staring at the last and lost chance of parenthood, the couple sued the first hospital and alleged that the gynecologist was informed about first ectopic pregnancy and also that one of the fallopian tubes was removed. If she had made correct and timely diagnosis, the embryo could have been transplanted by way of an operation.

The Commission went through the medical records of both hospitals and observed that the mistake was on part of the patient, as it stated the following:

“The patient did not disclose last date of menstruation. It is not possible to know the term of pregnancy without this fact. The prescriptions of first ectopic pendency have not been presented either. It is not clear in which hospital the first ectopic pregnancy was shown and operated”.

“It is patient’s duty to submit all the relevant papers and medical records. On back of the prescription there is something written as to repeat for confirmation. It is not clear for which test it has been written”.

The case against hospital was dismissed since the patient, as observed by the Commission, did not disclose a crucial fact.

Source: Order pronounced by Uttar Pradesh State Consumer Disputes Redressal Commission on 14th September, 2021.