NCDRC quashes Rs 1 Crore compensation case against Doctors

Held :
1. The National Commission after hearing the parties and after perusing medical record and medical literature dismissed the complainant and upheld the order of State Commission.

2. It discussed about the different types of pregnancies like normal, abnormal, the ectopic and anembryonic pregnancy. Also thrown light upon “Viable and Non-viable pregnancy”.

3. It was proved on the basis of laboratory and USG investigations that it was anembryonic pregnancy . It also came on record that the patient voluntarily opted for MTP.

4.It observed that “An anembryonic pregnancy (often called a “blighted ovum”) occurs during the early stages of pregnancy when a fertilised egg implants in the uterus, but an embryo fails to develop. Only the placenta and membranes develop – fooling the body into believing, it is still pregnant. The pregnancy hormones are still being produced which prevent a miscarriage. In other words, it is a pregnancy loss that happens in very early pregnancy”.

Nowadays the average age of marriage in India is increasing, many women tend to have babies later in life, and thus the Pregnancy has become precious. The experts say that An anembryonic pregnancy complication is fairly common. Its not that the Doctors are always at fault and it so happened in the present case. It is really unfortunate for the complainant that she had to undergo MTP, but it may not be wrong to say that it saved her from future complications including medical, mental, emotional and monetary...

Thanks and Regards

Adv. Rohit Erande
Pune.

You can read the full judgement by clicking on the following link

http://cms.nic.in/ncdrcusersWeb/GetJudgement.do?method=GetJudgement&caseidin=0/0/FA/800/2015&dtofhearing=2016-10-28