Dr. S.M. Kantikar, Member—The complainant, Smt. Alka Srivastava, wife of Shri Abinash Srivastava took treatment for her pregnancy from Base Hospital (OP-1). During her pregnancy, she attended to regular check-ups and ultrasound study (USG) at OP-1. During 12th week of pregnancy, i.e. on 12.09.2006, Dr. Kanika of OP-1, performed transvaginal ultrasound. Thereafter, on 25.09.2006, ultrasound was done twice by Lt. Col. A. Kapur, at Army Hospital (OP-2) and at OP-1. Further, the second level scan was performed on 21.11.2006. On each occasion, the doctors at OP hospitals told the complainant that the foetus was well developed. On 05.03.2007 due to some pain, she was rushed to Singhal Nursing Home, where Dr. Sudhir Kumar performed ultrasound and found fetal anomalies like Spinal Bifida, Meningomyelocele, and hydrocephalus.

2. It was subsequently confirmed at OP-1 on 08.03.2007. Then she was referred to OP-2. On 27.03.2007, patient delivered a female child with lack of spontaneous movements of lower limbs, lack of anal reflex and open neural tube defect. The attending doctor opined that the child may need a number of surgeries, throughout the life and there are no chances of proper cu