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Delhi Doctor directed to pay Rs 15 lakh for alleged negligence during Caesarean delivery

Delhi Doctor directed to pay Rs 15 lakh for alleged negligence during Caesarean delivery

New Delhi: A doctor at a reputed private hospital in south Delhi has been directed by state consumer commission to pay Rs 15 lakh compensation to the son of a woman, who died at the age of 22 due to negligence during her caesarean operation in 1993.

The state commission bench, presided by its member N P Kaushik, directed doctor Sadhna Kala to pay the amount to the deceased woman’s son Deepanshu Mishra and other family members including her father Uday Kant Jha and husband Uma Shanker Mishra.

“Facts speak for themselves. I am, therefore, left with no option but to hold that it was the negligence on the part of Sadhna Kala that led to the death of a 22-year-old, hale and hearty young girl,” the bench said.

According to the complaint filed by Jha, his daughter Anjana Mishra was admitted to Moolchand Khairati Ram Hospital here, on April 12, 1993, for delivery.

The complaint alleged that the doctor performed C-section operation due to certain complexity and it resulted in profuse bleeding.

It further alleged that the condition of the young mother got worse during the following days and she was kept on artificial breathing. She was diagnosed with jaundice after the bleeding due to which her liver stopped functioning.

It said the doctor consulted other experts about the woman’s health but on April 22, 1993, she passed away.

The doctor had denied negligence on her part and said a healthy baby was born on April 12, 1993.

She had also submitted that jaundice was in a pre-clinical stage and there were no apparent outward symptoms which could have been noticed by the doctor.

Attached is the full judgement below

judgement2016-11-25-1

Source: PTI
16 comment(s) on Delhi Doctor directed to pay Rs 15 lakh for alleged negligence during Caesarean delivery

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  1. very sad….for pt loss but feeling more bad due to the judjement…as per records stated the entire team of doctors worked in good belief for benefit of patient and there are certain conditions where things go beyond control of human hands.
    the so called logic applied by court is amusing as it disregards simple medical observations which any medical student will also understand. they should have a panel of judges where people with medical background atleast for these cases.
    one more thing,they should devise some formula for calculating genuine compensation. since an honest doctor might not earn as much in his/her practice as they are supposed to pay up in these unjustified compensations..

  2. Bleeding could have been due to placenta previa and jaundice undetectable. Pt must have died due to complications arising later on. The doctor cannot be held negligent

  3. Result of non medics judging medicos .I think at least the govt. doctors after retirement should join such consumer forums and help in better understanding of the cases

  4. Great decision by Court !!!
    This order is unique wherein court has applied its logic before deciding the case despite the fact that medical board exonerated accused doctor completely.
    As a matter of fact, all of these medicos work hard to defend their crime after ruining innocent patient\’s life. They play around with case facts, obtain easy favorable opinions from other professional colleagues and also hire most expensive legal brains to defend them in court, where judges having almost no knowledge of complex medical science mostly gives clean chits to culprit doctors due to favorable medical opinion obtained from other doctors.
    But this order is an example of fact that judiciary must obtain knowledge of case\’s vital medical facts and also apply their own logic before deciding any case in absolute favor of doctor, who ruined a precious life directly and also ruined many other lives indirectly.

    Salutations to Judge who decided this case….Bravo!!!

  5. Go for I good insurance
    The premium to be collected from the patient
    Be ready to pay compensation
    Don\’t get scared be bold move farward
    Do ur job defend ur job
    Sometimes things will go against us

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