IMPORTANT POINT
The exact cause of multiple sclerosis is unknown, so the theory that the trauma was caused due to forceps application in a case of older primigravida is not valid when the highly qualified treating gynaecologist possessed more than a reasonable degree of knowledge and exercised more than a reasonable degree of care in this case.

Dr. P.D. Shenoy, Member—Aggrieved and dissatisfied by the order of the Karnataka State Commission dismissing the complaint the complainant has filed this appeal. The main case of the complainant is that the complainant conceived at the age of 30 years after taking regular treatment for primary sterility under the care of opposite party Dr. Vidyamani after 12 years without using any contraceptive device alleged that her case is classified as older primigravida. She alleged that instead of performing cesarean operation the respondent doctor resorted to use of forceps which was not at all indicated and because of this she suffered paralysis of both the lower limbs affecting bowel and also bladder. As the doctor had not taken proper care complainant was forced to take treatment in several hospitals by spending a lot of money. It is the say of the opposite party doctor that the complainant had suffered paralysis of both the lower limbs due to the neurological problems and not due to the use of forceps during the delivery.

2. Undisputed facts of the case are that the complainant gave birth to a female child by forceps delivery at Lalbagh Nursing Home, Bangalore under the care of Dr. Vidyamani on 23.5.2000 i.e. 12 years after her marriage, during which period she was regularly taking treatment for primary sterility from the same gynaecologist. After a few months of the delivery the complainant suffered paralysis of both the lower limbs. The issue to be decided before us is whether the paralysis was due to the use of forceps to facilitate the delivery or it is due to neurological problems faced by the complainant.

Submissions of the Ld. Counsel for the Appellant:

3. As the patient was classified as ‘older primigravida’ though caesarian was undoubtly indicated, OP doctor had resorted to use of forceps, which was not indicated, which resulted in paralysis of the lower limbs of the complainant Ms. Anjana Chandrasekhar drew our attention to the affidavit of Dr. Satish Chandra who is the witness of the complainant. The complainant/patient was admitted at the neuro center of the National Institute for Mental Health and Neuro Sciences(NIMHANS) on 23.12,2000 and was an inpatient up to January, 2001. She was admitted with paraphlegia with sphincters. She was bed ridden. She was suffering from Multiple Sclerosis(hereinafter referred to as MS) a disease affecting the spinal card. She was given treatment with intra-venous injections and her health improved. She was discharged on 29.1.2001 by which time she had significantly improved and was mobile-independently looking herself on all daily needs. Ld. Counsel also drew our attention to certain Portions of the cross examination wherein Dr. P. Satish Chandra has stated that there are several causes leading to paraphlegia. “It may also be by birth, T.B., tumor or on account of accident, Congenital and demyelinating disorder. It is correct to suggest that multiple sclerosis need not necessarily arise out of trauma. It is an independent disease by itself” Accordingly, she has stated that one of the causes of multiple sclerosis is trauma. And in this case trauma was caused due to the application of forceps during the delivery. She narrated certain significant dates relating to this case.

Date of delivery 23.5.2000

MRI Scan 24.11.2000

Stay at St. Martha’s

Hospital: 6.12.2000 to 11.2.2000

Stay at NIMHANS 23.12.2000 to 29.1.2000

She has quoted some extracts from the records.

Course of illness in the hospital : Neurologist Dr. Manjunath’s opinion was taken. It was felt that it could be due to MS exacerbation. In view of worsening the patient is being referred to Manipal Institute for Neurological Disorders for further management. As NIMHANS is a premier institution the patient was taken there. She has stated that the discharge summary of St. Martha’s shows that as on the date of delivery itself the patient had problems, which continued and this problem was due to trauma as a result of forceps delivery.

4. Ld. Co