Failure to rule out Ectopic pregnancy: Compensation saddled towards mental pain and agony suffered by the patient , but reduced from Rs.10 lakhs to Rs. 1 Lakh.
Case Details :
GLOBAL HEART AND GENERAL HOSPITAL & 2 ORS, JAIPUR V/s. PADMKA KANWAR
REVISION PETITION NO. 472 OF 2017, Judgment Dated : 12/10/2017.
Facts in Short :
1. The Petitioner vide this Revision Petition, challenged the order of State Commission, Jaipur which affirmed the finding of the District Consumer Disputes Redressal Forum, to the effect that there was negligence on the part of the treating Doctor in not correctly correlating the Ultrasound report of the lower abdomen of the Complainant, wherein it was opined that there was Ovarian Cyst (left) and Ectopic Pregnancy could not be ruled out and giving wrong treatment to her. However the State Commission reduced the amount of compensation payable to the Complainant to Rs 1,00,000/- as against the compensation of Rs 10,00,000/- awarded by the District Forum.
2. Being aggrieved by award of the said paltry sum, the present Revision Petition has been preferred.
Defense of Doctors :
1. There was no Negligence on part of Doctors. So also all the necessary tests and adequate medication was advised to the Complainant.
2. Since the Urine Test was negative the Treating Doctor concluded that the Complainant was not pregnant and treated her accordingly.
1. After perusing the prescriptions on record and the Ultrasound Report, the Court came to the conclusion that in the light of the opinion in the Ultrasound report, which is considered to be much more efficacious diagnostic procedure, a routine Urine Test was not sufficient to overrule Ectopic pregnancy and hence, the Treating Doctor failed to do what she ought to have done to form a firm opinion that the patient was not pregnant.
2. Thus, there was negligence on the part of the Treating Doctor and confirmed the finding of both the Fora below, which has otherwise not been challenged as being perverse on any ground.
3. However , the Court further held that a paltry sum of Rs 1,00,000/- as compensation to the Complainant for the mental agony and harassment suffered by her, is not excessive by any standards.
Ectopic Pregnancy percentage is comparatively very low as compared to regular pregnancy. So such incidents are per-se rare. However this Judgment gives important lessons for other Doctors. How other Doctors confirm the pregnancy, by USG or Urine Test ? Experts to share their views….
Thanks and Regards,
Adv. Rohit Erande
Attached is the link of the judgement