ORDER

Dr. S.M. Kantikar, Member -

"The most important and emotional event in the life of a couple is the birth of a child and it's always a joyous occasion in the family when a newborn arrives. Most parents have a niggling fear that the nine months of pregnancy is comparable to walking through a minefield. Things can go wrong at any time. They only breathe a sigh of relief when they've counted all ten toes and fingers of their newborn. It's no wonder they feel that way because it can be the most devastating thing if your baby is born with a birth defect".

Complaint:

1. The complainant, Dr. Indu Sharma, B.A.M.S., (herein referred as "patient") during her first pregnancy, was under observation and follow-up of Dr. Sohni Verma, opposite party (OP-3) at Indraprastha Apollo Hospital, the OP-1. Previously, she took treatment from OP-3, for infertility, thereafter, spontaneously, she got conceived, after 4 years. On 10.6.1999, after midnight, due to rupture of membranes, she got admitted in OP-1 hospital for her delivery. No senior doctor was available at that time, the resident doctor examined her. In the morning, at around 7.00 a.m., Dr. Sohini Verma (OP-3) examined her and advised her medicines, started IV fluid with 1 ampule of Syntocinon (herein referred as "Oxytocin") for speeding up the process of delivery. But, the patient noticed that the dose was maximum, and the CTG machine showed that the heart rate of the child began to sink (80/min.), during the midnight of 11/12-6-1999. None attended the patient, immediately. Thereafter, the patient was shifted to operation theatre at 2.00 a.m. for emergency caesarean (LSCS), and at 3.36 a.m. a female baby (named "Nistha") was delivered by LSCS, weighing 3.7 kg. The baby did not cry immediately, after birth and it took almost five minutes. Therefore, it was alleged that, baby suffered birth asphyxia and seizures. The baby was kept on ventilator in NICU. The OP assured that all the reports were normal. The condition of baby deteriorated further, till 29.6.1999. The baby was unable to suck milk. Meanwhile, the patient was discharged on 16.6.1999, while the baby was discharged from OP-1, on 30.6.1999. The OP-1 did not issue entire medical record, CTG graphs etc. The complainant paid approximately 2.5 lakhs towards hospitalisation.

2. After 2 months, from 23.08.1999, the baby, Nistha, was admitted to Holy Family Hospital, for loose motions and strong clonic seizures from 23.8.1999. After doing EEG and C.T. Scan, it was revealed that the baby was severally affected by the atrophy of brain, which may lead to severally mental retardation. The complainant observed that her baby, at age of 1 year 8 months, the milestones were delayed, and the episodes of seizures persisted. Baby was unable to hold her neck and unable to suck milk. Therefore, the complainant had to appoint a special nurse for her care. Further, from 21.09.1999 to 03.12.2002, the child was treated at AIIMS, where, the Paediatric Neurologist, Dr. Veena Kalra, opined that, a full term baby having such problems were because of the negligence during the delivery. The complainant alleged that OP-3 failed to perform LSCS within, 12 to 18 hours after rupture of membrane. It was abnormally delayed for about 27 hours. The OP-3 advised excessive dose of Syntocinon, which caused foetal distress and cerebral anoxia- palsy. The child was further investigated by CT scan and x-ray reports, but the OP declared reports as normal. In this regard, the complainant sought opinion of doctors in USA and from her brother, who is a paediatric surgeon, in USA. The opinion was that severe atrophy of baby's brain cortex due to birth asphyxia and the child might remain severally mentally retarded for as long as she lives. The Disability Board of AIIMS, New Delhi certified the baby as 95% disability'. Nishtha survived for 12 years with disabilities and with mental retardation. Unfortunately, baby Nistha died on 15.1.2012.

3. Complainant further alleged that OP