New Delhi : The National Consumer Commission (NCDRC) has held Moolchand Hospital & Senior Gynecologist, Dr Raj Bokaria negligent for conducting the MTP of the deceased Rupa Dutta when she was 26 weeks pregnant. The NCDRC ordered a compensation of Rs.1 crore to the daughter of the deceased of which Rs.90 Lakhs has to be paid by the hospital and Rs.10 Lakhs to be paid by the gynecologist.
As per the case history of the case, a fetal echo-cardiography (ECHO) was performed on Dutta in her 24th week of pregnancy and the ECHO revealed an obliterated umbilical artery, but there was no development anomaly and no sign of intrauterine growth retardation (IUGR) of the fetus. Dr. Bokaria further advised a fetal chromosome test and the report stated that the umbilical cord shows a single umbilical artery, no dysmorphic development anomaly delineated and parameters correspond to a mean gestational age of 26 weeks.
Dutta’s husband alleged that the gynecologist directly jumped to the conclusion that the pregnancy should be terminated immediately. The gynecologist started the preterm induction and the pregnancy was aborted spontaneously. Since the placenta was not removed she was shifted in the OT for manual removal of placenta (MRP) where she suffer severe bronchospasm with copious vomiting and aspiration and later died.
On the complaint of Dutta’s family, NCDRC referred for the opinion of the Ethics committee of MCI, which allowed the appeal and imposed punishment on the treating doctors. Further MCI referred the case to an expert panel of AIIMS, Delhi for expert opinion. The expert panel was of the opinion that single umbilical cord and minor chromosomal aberration does not warrant any drastic measures to terminate the pregnancy. The MCI’s ethics committee had recommended Dr. Bokaria to be removed from the Indian Medical Register for a period of 3 months while the other two treating doctors were given warning and let off.