Allegations of deficiency in services on part of gynecologist, dismissed

National Consumer Disputes Redressal Commission

National Consumer Disputes Redressal Commission (NCDRC): While observing that the appeal has been filed on misunderstood facts about pregnancy, NCDRC dismissed the appeal filed by a woman alleging deficiency in services on the part of gynecologist. “In our view, it appears that the complainants misunderstood the facts about pregnancy. In addition, the initial prescription of OP 1 (gynecologist) and her multiple consultations with doctors in Hyderabad and Kolkata, the complainant was in dilemma and confusion. The complaint was filed on wrong premise and the pleadings are intelligently drafted to mislead to the court. The translation shows omission of crucial words e.g “HS”. The complainants tried to make brick without straw,” Commission observed.

The complainant, with the History of PMS, PID (Pelvic Inflammatory disease), UTI, Endometriosis underwent pregnancy test after complaints of nausea with severe cramp in lower abdomen, but same turned to be negative and she was advised some drugs for PMS. However the patient had some feeling of pregnancy symptoms and thus she underwent Blood Beta HCG test which confirmed pregnancy of 4 weeks and thereafter Pelvis USG was also conducted twice and it was diagnosed as twin pregnancy. But the patient was immediately asked to stop medicines and later on, the patient opted for MTP as advised as she had strong apprehension about side effects of the medicines which she was taken from beginning. Hence, she approached State Commission alleging deficiency in services on the part of gynecologist.  When her complaint was rejected, she filed an appeal before NCDRC seeing compensation of one crore.

After perusal of medical records of the complainant and hearing both the parties, NCDRC found that it was proved on the basis of laboratory and USG investigations that it was anembryonic pregnancy and that the patient voluntarily opted for MTP. “We are of the view that it was an anembryonic pregnancy. Anembryonic pregnancy is a form of a failed early pregnancy, where a gestational sac (a blastocyst ) develops, but the fetal pole/embryo never develops. The term “blighted ovum” is synonymous with this. Therefore, we do not find OP 1 (gynecologist) deviated from the standard obstetric practice. There was no deficiency in service. OP 1 (gynecologist) prescribed medicines which are routinely advised in early pregnancy or in the cases of PMS. Those medicines directly will not cause for an anembryonic pregnancy,” noted the Commission while upholding the order of State Commission and dismissing the appeal.  [Madhumita Poddar v. Dr. Ranjana V. Dhanu, 2016 SCC OnLine NCDRC 1463, decided on October 28, 2016]

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