The central legal point established in the judgment is the determination of medical negligence in the context of abortion procedures, emphasizing the requirement for proper training and adherence to the standard of practice.

ORDER

Dr. S.M. Kantikar, Member -When something, as horrific as the inexplicable death of a treasured person occurs, by tossing from one private hospital to another, the story that will make the most sense is that, it could not have happened in the safe place that is in our Government Hospital.

1. This order shall decide two Revision Petitions; the facts are taken from R.P. 1100/2008. The parties stand at their respective positions as referred in the complaint. On 18.10.2004, Mr. Anil Kumar Shukla, the complainant, consulted Dr. Anita Agarwal (OP-2) at Parivar Sewa Sanstha Clinic, Gwalior the OP-1, for Medical Termination of Pregnancy (MTP) of his wife Smt. Dolly, (hereinafter referred as Patient ). It was during 16-18 weeks pregnancy (second trimester), and the Laminera Tent was inserted by OP-2, on 18.10.2004 and patient was called on next day. The MTP started at about 11.40 a.m. on 19.10.2004 and completed by 11.50 a.m., the OP-2 removed the products of conception, but, the patient started unstoppable bleeding. Therefore, at 12.40 p.m. the OP-2 referred the patient to Dubey Orthopaedic and Maternity Centre, where Dr. Meena Dubey (OP-3) after ultrasound study (USG) took out the retained products of conception by D & C. The bleeding did not stop, one unit of blood was given, but the condition of patient, further deteriorated, hence the patient was shifted to JR Medical College at 6.40 p.m. where she died at about 7.05 p.m. The complainant alleging negligence and deficiency in service by the OPs, filed the complaint, before the District Consumer Disputes Redressal Forum, Gwalior. The District Forum allowed the complaint and ordered the OPs to pay total compensation of Rs. 3,20,000 and costs Rs. 1,000 to the complainant. It further ordered that OPs 1 and 2 shall jointly pay 80% of this amount and 20% of it shall be paid by OP 3. Complainant and his four children shall be entitled to have share equally and for the share of minor children, the amount shall be deposited with any Nationalized Bank or Post Office, until they attain (21 years) majority.

2. Aggrieved by the order of the District Forum, OPs preferred first appeals before the State Commission, which were dismissed. Therefore, against the order of the State Commission the OPs 1 and 2 filed revision petition 1100/2008 and RP 1447/2008 was filed by OP-3.

3. We have heard the Counsel for both the parties. The Counsel for OP submitted that the patient Smt. Dolly was 39 years of age, had previous 4 pregnancies and one was caesarian section, as well as one abortion previously: She was pregnant by 18 weeks. The OP-2, after examination and pre-anesthetic check-up, inserted laminera tents on 18.10.2004. On the next day, the abortion process was started at about 11.30 a.m. and completed at 11.50 a.m., the products of conception were taken out, however, the patient started uncontrolled bleeding from the vagina. Hence, patient was referred to Dubey Orthopaedic Maternity Hospital (OP-3) where the backup facility to OP-1 was available for the complications and emergency treatment. The OP-Dr. Meena Dubey, a Gynaecologist, after USG study, performed D & C and took out the remaining products of conception. As per OP-3, on clinical examination, it was revealed as an Atonic Uterus (Non-contracting Uterus). One unit of blood was transfused. However, the bleeding continued, hence, OP-3 called Dr. Veena Agrawal, Professor of Obstetrics, who examined the patient and told to shift her to G. R. Medical College. In the meantime, the blood sample was sent to pathology laboratory for coagulation tests The patient was shifted to GRMC at about 6.50 p.m. However, the patient died, shortly after the admission, there. The Counsel also submitted that OP-1 clinic was an approved MTP centre which had all facilities, but was not equipped for dealing with every contingency that may arise from such procedure. Hence, the OPs are not liable for medical negligence.

4. We have perused the evidence of Dr. Meena Dubey,