No mercy for controversy

  • Posted on: February 17, 2022

The pregnant patient was taken to hospital in the wee hours of morning for delivery. The controversy in this case is whether the doctor was present at hospital or not when the patient was admitted.

The patient delivered a boy but her condition was critical. She was referred to a higher centre for better management. But unfortunately she died within few hours.

Her devastated husband sued the hospital and doctor. It was alleged that the doctor gave instructions to a lady over the phone. She administered an injection after which the patient’s condition became critical. It was also alleged that the doctor could not give convincing reasons for patient’s death.

The doctor submitted that the patient was brought to hospital at full term with complains of chest pain and giddiness. She died due to leaking of amniotic fluid, however, the child’s life was saved due to diligent and sincere efforts.

The Commission rejected doctor’s defence, as it stated the following:

“Patient’s condition was normal before entering the labour room, but soon deteriorated thereafter. What transpired inside must be proven by the doctor. Furthermore, the doctor has stated that he attended the patient at about 3AM and after that he checked her from time to time but case papers do not corroborate his case and there are no entries in case papers that patient was examined by him”.

“The patient’s husband has alleged that the doctor was not present while patient was admitted at midnight and he came later on from back entry. But the doctor’s reply create controversy whether he was in fact present at the time when patient was brought to the hospital or not?”

The Commission inferred that the doctor was not present at the hospital and held him negligent. Of course, he was also ordered to pay compensation.


Source: Order pronounced by Gujarat State Consumer Disputes Redressal Commission on 12th October, 2021.