Abstract

An interesting case of IUD due to wrong diagnosis, lack of proper diagnostics, careless and negligent treatment as alleged by the patient was decided by the NCDRC on 5th December 2019.

All the allegations regarding lack of proper diagnosis, wrong diagnosis, negligence etc. are denied. It is pleaded that the Patient had a serious condition, Cardiomyopathy, which would require expert and often elaborate procedures over a period of time.  Peripartum Cardiomyopathy is occasionally seen in the last month of pregnancy or two weeks after delivery. It cannot be diagnosed early and diagnosis can be made only when it occurs. 

On appreciation of the Evidence adduced by the parties and material on record, the State Commission came to a conclusion that OPs. No. 2 and 3 failed to evaluate the condition of the Patient diligently and refer the Patient for cardiac evaluation at the right time and thereby they fell below reasonable standards of medical parlance, expected in such a situation, and are guilty of medical negligence. The State Commission consequently partly allowed the Complaint and awarded compensation of Rs.12 lakhs with 9% interest.

NCDRC categorically observed that though we accept the contention of the Ld. Counsel for the Appellants that extensive tests and procedure are never conducted at the very inception, however, in the instant case, it is noted that ECG is not an extensive test or procedure and it is a most basic test, which is considered as standard protocol in a situation where the pregnant woman was in the last stages of pregnancy and continuously complained of breathlessness.

NCDRC concluded that hence, we are of the view that the Appellants and treating doctors were negligent in not performing a cardiac evaluation at the earlier stage, which could have prevented the loss of the baby and also the subsequent treatment which the Patient had to undergo by spending in the Speciality Hospital from 13.01.2009 to 05.03.2009 and was once again hospitalized from 11.03.2009 to 18.03.2009 for a period of more than two months. [Para 15]