Ruptured Uterus Leads to Death of Foetus: Consumer Court exonerates Doctors, Hospital

Such an observation on the part of the Commission came after it took note of the fact that the Complainant could not submit any evidence to prove that her uterus got ruptured from taking the wrong medicines given by the treating doctor.

Besides, the Commission also took note of the fact that there is no expert view placed on file, which would prove the negligence of the treating doctor and the hospital during the medical procedure as per medical science.

So, Amardeep Singh Shergill, the President of the District Commission Ferozepur and the Member Sukhwinder Kaur, opined that there was no negligence on the part of the doctors and the hospital while providing treatment to the patient.

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The case goes back to 2018 when the pregnant patient had started her treatment under a doctor at a treating hospital. An ultrasound from a scan centre had confirmed that a single live foetus of 13 weeks 6 days + 12 SGM and it had mentioned the date of delivery as 23.07.2018+15.

However, on 12.03.2018, the complainant had undergone an ultrasound at a different scan centre and it had mentioned that the complainant had 20 weeks 2 days live pregnancy. There was difference of only one week between the two reports.

Following this, as per the advice of the treating doctor, she took an ultrasound again from the first scan centre on 04.05.2018 and the report showed that the foetus was 28 weeks 3 days +12 SGM.

It was alleged that on 12.07.2018, the patient got admitted to the hospital and the doctor gave some medicine and consequently, she started suffering heavy pain and this resulted in the rupture of her uterus and ultimately her child died in the uterus leading to a heavy physical and mental pain.

The patient further alleged that following the rupture of the uterus, the treating doctors removed the uterus with surgery even though they lacked the qualification to do so.

It has been further claimed by the complainant that the ultrasound report of the first scan centre was given by a doctor even though he was not qualified as only a Radiologist can give such reports. Thus, the Complainant claimed that the doctor at the first scan centre gave unauthorized report and charged heavy amount for the same.

Alleging that the act and the conduct of the treating doctor, hospital and the doctor at the scan centre amounts to deficiency in service and unfair trade practice, the patient demanded a compensation of Rs 20 lakh for removing her uterus in a negligent manner.

On the other hand, the doctors at the scan centres contended that mere conducting an ultra sound and any other test by the opposite parties doesn't amount to deficiency in service and unfair trade practice and agued on the maintainability of the complaint.

The treating doctor and the hospital, meanwhile, denied any negligence on their part and submitted the statement of the husband of the patient and the clinical summary before the Commission.

After listening to the contentions of both the parties, the Commission noted that the Complainant hadn't filed any evidence to prove that her uterus got ruptured from taking the wrong medicines given by the treating doctor.

Besides, the Commission also took note of the fact that there is no expert view placed on file, which would prove the negligence of the treating doctor and the hospital during the medical procedure as per medical science.

Based on the discussion, the Commission noted that there was no negligence on the art of the treating doctor while providing treatment to the patient.

"Hence the complaint fails and the same is hereby dismissed," noted the Commission in its order dated 06.09.2021.

To read the Commission order, click on the link below.

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