The complainant alongwith his wife approached the Rasi Clinic where Dr. Thirumathi Rajakumari confirmed the 2ndpregnancy on 20.9.2007.

Complainant and his wife had informed the doctor about extraction of 4 teeth of his wife on 18/19.9.2007 and that she consumed heavy doses of pain killer medicine and requested to advise for termination of pregnancy if the fetus would face any problem due to these medicines. It is claimed that the Doctor had ruled out the doubt and assured for no effect on the fetus.

Regarding heart the Radiologist mentioned in all three reports that Cardiac activity was present and heart rate recorded by M mode as 165/143/131/ minutes (Regular).

On 16.6.2008 a female baby was born under caesarian to the petitioner’s wife. The Pediatrician stated that the baby faced breathing trouble. Then the baby was shifted to Child Jesus Hospital. After ecocardiology, the heart doctor informed that the baby faces Tetrology of Fallot and asked to go to Chennai for further treatment. The doctors of Chennai observed that “15 days old female neonate with downs phenotype and Tetralogy of Fallot with severely hypoplastic MPA & PA confluence”. It was alleged that due to negligence in not disclosing about the abnormalities even after cautioned, Gynecologist have not diagnosed the fetus health and informed, so the baby born with major abnormalities.

Hence, the complaint was filed before the District Forum by the complainant against OPs seeking Rs.2.00 lakhs towards surgery charges, Rs.10.00 lakhs towards maintenance of affected baby and Rs.5.00 lakhs for mental agony.