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J.M.MALIK, S.M.KANTIKAR
INDU SHARMA – Appellant
Versus
INDRAPRASTHA APOLLO HOSPITAL – Respondent


Advocates Appeared:
Madhukar Pandey, Sanjeev K. Verma, Ms. Anirudha Mishra, Ms. M. Malika Chaudhary, Advocates, for the Appellant; Dr. Lalit Bhasin, Advocate with Ravi Gopal, Advocates,K. G. Sharma, Advocate and Dr. Sushil Kumar Gupta, Advocate, for the Respondent

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 m

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