Abstract

The Amniotic Band Syndrome as it is an amniotic sac very rarely a band can form and can strangulate the small parts of body which in turn can decrease the blood supply to that part and later that part disappears. The role of the preliminary USG scan for structural assessment has been recently recognized and shows that doctor’s commendable effort to check the fetal structure and reported everything accurately. Antenatal scans of living and moving fetuses have limitations to accuracy. It is due to these limitations most scan centers attach long disclaimers at the end of the scans such as “all fetal abnormalities cannot be picked up by ultrasound scans. Detection of fetal anomalies depends on fetal position, penetration of ultrasound waves through maternal abdomen, gestational age of the fetus etc. Some abnormalities develop as the fetus grows and some congenital problems present only postnatal”. Technical limitation of the scan cannot be equated to negligence by the doctors/opposite parties.

The case of the complainants is that the C-2 became pregnant and received obstetric care at OP-1 and that during the course of her periodical checkup and examinations on the advice of OP-3, C-2 underwent “prenatal scanning” four times. It is also the case of the complainants that in the first prenatal screening/scanning report dated 14.03.2012 issued by OP-4 it was normal. Likewise, in the second report dated 20.04.2012 issued by OP-5 clearly informing that both hands were visible, in third scan report dated 06.06.2012 issued by OP-5 clearly stated that ‘no obvious fetal structural defects” were observed and in the fourth scan report dated 31.08.2012 issued by OP-5 stating that there was “Good Interval Growth”.

All the findings of periodical scanning reports were “normal”, without any medical problem to the C-2 and to her baby in the womb. Thereafter the C-2 was admitted in the OP-1 Hospital on 18.10.2012 for delivery and found that the C-3 who was noticed to have absence of right forearm distal elbow joint. [Para 14]

State Consumer Forum, Telangana fixing liability of opposite parties and awarded compensation of Rs.500000/ along with Rs.5000/ cost of litigation jointly and severally. Paper deals with various issues leading to conclusion of consumer court to medical negligence of radiologist and fetal medicine experts and thus, deficiency of service.