Case Details :
S. SARAVANAN V/s. M/S. RASI CLINIC & 3 ORS, TAMILNADU. Judgment Dated : 20 Mar 2017
1. The complainant alongwith his wife approached the Respondent on 20.9.2007and the Doctor confirmed the 2nd pregnancy. It was contended by the Couple that due to extraction of 4 teeth 2 days back, the wife 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 medicine !. But this possibility was ruled out by the Doctors.
2. Then the patient was referred for regular scanning with the Respondent No.2 and all he 3 ultrasound scans were normal and heart activity was recorded.
3.On 16.6.2008 a female baby was born under C-Section. But as the baby had breathing problems, she was referred to another Hospital and there it was diagnosed as the case of Tetrology of Fallo.
4. Thus a case of Medical Negligence was filed against all the Doctors for Rs.17 lakhs alleging that the Doctors did not give the correct advice at the first instance about the adverse effects of the pain killer medicines and that the Doctors failed to diagnose fetal anomalies. Both the lower forums dismissed the Complaint.
5. The Indian Medical Council was impleaded as the party, but since no relief was claimed against it, its name was deleted.
1. The Doctors refuted all the allegations made against it.. It was contended that the lady did not come for the follow-up in time.
2. The Commission observed from the Evidence that the Complainant never uttered a single word in the Complaint that the Doctor was deficient in not advising scan/ultrasound between 18-20 weeks of pregnancy and this was the total new case made up..
3.. Relieving the Doctors from the charges negligence it was observed that there is no proof much less of an expert witness that complications developed due to the effect of medicines taken for dental treatment and secondly, there was no occasion to advise any higher level scan as all the scans were found normal as per the report of the sonography expert and the lady failed to come for the second ultrasound/scan during the duration of 18-20 weeks of pregnancy.
4. The Commission pointed out the Footnote at the end of the report which started as “Not all anomalies can be detected by ultrasound study…”
This is a very important judgment for both, Gynecologist and Sonologist. Anomaly scan is very important aspect in pregnancy and no Doctor would purespoly give wrong report.. Why would he/she ? In this case the patient did not follow the advice of Doctors..
But the question remains, that if the anomaly would have been detected,the patient would have exercised her right of MTP. But what if it would have been detected after 20 Weeks ? Only ray of hope is Supreme Court. But recently we have seen the contradictory judgments of Apex Court on this topic.. One which allowed the MTP even after 2 weeks and the recent one disallowed in the case of down syndrome ! This judgment again emphasises the need to amend the MTP Act.
An article by Adv. Rohit Erande, Pune.