June 6, 2019:
The Delhi State Consumer Forum has awarded a sum of ₹25 lakh to a woman, who lost her unborn baby, after a local hospital wrongly advised her to plan their first baby simultaneously with TB medicines.
The 28-year-old Swapnil Mishra’s ordeal did not end at the first hospital, as another hospital in Delhi left a portion of the dead fetus in the womb, following an operation, forcing her to undergo re-surgery resulting in further medical complications.
It all began at Pushpanjali Healthcare in Vaishali, Ghaziabad in November 2011 when the woman went for a medical check-up after she suffered heavy pain during her period.
She was referred to Dr. Sharda Jain in the hospital, who advised her to undergo a battery of tests including Pathogen Assisted Molecular Pattern (PAMP).
The result of the tests shocked her as Dr. Jain declared her to be suffering from TB.
Advocates Vardhman Kaushik, Karn Deo Baghel and Nishant Gautam, representing Mishra, said Dr. Jain further advised her to immediately plan their first baby, even while taking medication for TB, as otherwise it would be too late for them.
After becoming pregnant, the woman ran some tests with other doctors and found that the growth of her baby was not proper. She then went to Fortis Le Femme Centre for Women at Greater Kailash, where she was referred to Dr. Neena Singh.
Dr. Singh advised her to wait for 15 days. After 15 days, the ultrasound report declared the baby was lost. The doctor advised her to go for D&C (Dilation and curettage). On April 10, 2012 Dr. Singh did the procedure, leading to the further complications.
An ultrasound report revealed that operation of D&C was not done properly and that part of pregnancy admeasuring around 6”18mm was still left inside the body.
Dr. Singh apologised for her blunder and offered to do another D&C free of cost, during which she scratched the uterus so extensively that it damaged the wall of the endometium causing the very rare disease known as Ashmerman Syndrome.
The couple had to run from pillar to post for over two years to get a competent doctor to enable her to conceive again.
The woman then moved the consumer forum for compensation.
“The test conducted on complainant for ascertaining TB was banned, conception during TB is not desirable. Despite that she was advised to plan for baby immediately,” the state consumer court said.
“The act and conduct of OP-4 (Dr. Singh) in doing the D&C a second time to remove the left out part is highly condemnable. In the process she scratched the uterus so extensively that it damaged the wall of the endometium causing the very rare disease known as Asherman Syndrome that led to serious problems to the complainant,” it added.
The consumer court held the hospitals and doctors “guilty of medical negligence and deficiency in service” and awarded compensation. However, it declined the plea to initiate penal action against them.
Source link
Read the Order here:
Share this Document :Picture Source :
