The child was suffering from Achondroplasia which is one of the most common form of child limb dwarfism, this is most common skeletal dysplasia with an incidence of around 5-15 per one lakh births.

That Achondroplasia fatal anomaly occurs in the third trimester and that that Medical Termination of Pregnancy Act, 1971 prohibits termination of pregnancy after the feotus is more than 20 weeks of age, as can be seen in Section 3 of the Act and therefore no negligence can be attributed to them.

NCDRC cited a case which observed “…………………..16. Here also the Doctor has conducted the ultrasound scan to the best of his ability and there is ample scope of any general difference of opinion and even an error of judgment cannot be held to be a case of medical negligence. Moreover, as alleged in the complaint, in case at the time of 23.4 weeks, it would have been reported that there is some deformity in the organs of the foetus then the complainant may have done for termination of her pregnancy. But as referred by OPs in their written reply under Section 3 of the Medical Termination of Pregnancy Act, 1971, pregnancy can be terminated only upto 20 weeks and after that pregnancy is not legally allowed.”

NCDRC applied the principle of restitutio in integrum, for awarding compensation against doctors. It was held that the aggrieved person should get that sum of money, which would put him in the same position if he had not sustained the wrong. It must necessarily result in compensating the aggrieved person for the financial loss suffered due to the event, the pain and suffering undergone and the liability that he/she would have to incur due to the disability caused by the event.

NCDRC discussed duty of radiologist and Obstetricians on the issue of practice of their specialty.