The Commission in this case took the patient to cleaners for filing a complaint against the gynaecologist. There were good reasons for it.
The patient was due to deliver and visited the gynaecologist in morning at the hospital. For some strange reasons she left the hospital and returned late afternoon. The gynaecologist performed tests and advised immediate C-section as she diagnosed scar rupture.
For some unknown reasons the patient’s husband did not give consent for C-section for three hours! Finally, when it dawned upon him that lives of mother and child were at stake he gave an informed consent for C-section. But it was too late.
The child was delivered with great difficulty and was born with brachial plexus injury. The couple sued the gynaecologist, blamed her for injuring the infant and claimed compensation!
The Commission was perhaps aghast at patient’s demeanour. From medical records it was amply clear that there was a delay in giving consent for C-section. The doctor had even insisted several times in the intervening period to the couple for the dire need of immediate C-section. She had explained them in details about consequences – including brachial plexus injury to the child.
The case against gynaecologist was quickly dismissed.
Source: Order pronounced by Telangana State Consumer Disputes Redressal Commission, Hyderabad on 17th March, 2020.
