Consumer Court Finds Doctor Negligent
New Delhi: The District Consumer Disputes Redressal Commission VIII (Central), Delhi, has ordered a private nursing home to pay Rs 20 lakh compensation to a woman who suffered permanent infertility and the loss of a fallopian tube due to medical negligence by a treating doctor.
Failure to Diagnose Ectopic Pregnancy
The Commission observed that the doctor failed to diagnose the patient’s ectopic pregnancy in time and misrepresented her qualifications. The nursing home was held vicariously liable for the doctor’s actions. The compensation includes litigation costs and is to be paid within six weeks, failing which interest will accrue at 9% per annum.
Case Background
The incident dates back to July 2020 when the patient, 32, tested positive for pregnancy at home and visited the nursing home. The doctor relied solely on the home urine pregnancy test, prescribed medicines and injections without proper examination, and delayed an ultrasound for over 40 days despite the patient reporting abdominal pain and bleeding.
Patient’s Suffering and Emergency Surgery
Due to delayed diagnosis, the patient developed severe complications. She was later taken to Kasturba Hospital, where emergency surgery was performed, resulting in the removal of her fallopian tube and permanent infertility. The patient alleged that the doctor acted with utter negligence, disregarding medical norms and failing to record a diagnosis.
Qualifications Under Scrutiny
The Delhi Medical Council found that the doctor was not entitled to use the suffix M.S./M.D., being registered only with an MBBS degree, and was not qualified to handle antenatal cases. While criminal negligence was not established, the DMC recommended a warning for shortcomings in treatment.
Consumer Court Observations
The Commission rejected the doctor’s defense, noting serious lapses in care. Despite treating the patient as a high-risk pregnancy, the doctor failed to conduct timely investigations, ignored repeated complaints, and delayed necessary treatment, ultimately causing permanent loss of reproductive capacity.
Legal Precedents and Rationale
Relying on Supreme Court judgments including Dr. Laxman Balkrishna Joshi v. Dr. Trimbak Bapu Godbole, the Bolam Test, and Poonam Verma v. Ashwin Patel, the Commission highlighted that failure to conduct timely tests and practicing without proper qualifications constitutes medical negligence. It also confirmed the nursing home’s vicarious liability for the doctor’s acts.
Compensation Determined
Considering the gravity, irreversibility, and emotional impact of the injury, the Commission deemed Rs 20 lakh as fair and legally justified compensation to help the patient with future treatment or alternatives for childbearing, emphasizing that no amount can fully alleviate the lifelong pain caused.
