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S.M.KANTIKAR, DINESH SINGH
Saud Abbasi – Appellant
Versus
Gargi Hospital – Respondent


Counsel for the Parties:
For the Complainant:Mr. Udayan Jain, Mr. Sonal Jain, Mr. Kamal Sharma and Mr. Manoranjan Padhi, Advocates with Complainant in person
For the Opp. Party Nos.1 to 3:Mr. Joy Basu, Senior Advocate with Dr. M.C. Gupta, Mr. Kanak Bose and Mr. Abhinav, Advocate with OP-3 in person
For the Opp. Party No.4:Mr. R.K. Sharma, Advocate

ORDER

S.M. Kantikar, Presiding Member—In the recent days Cerebral Palsy (CP) is one which justifiably haunts modern obstetric practice which is apparently the fear of medico-legal litigation. However, with the advancement in medical science, the fact that fetal hypoxia is not the causative factor in the great majority of Cerebral Palsy cases.

Complaint:

1. The complainant Dr. Saud Abbasi, is a practicing BUMS doctor. His wife Smt. Shirin during her pregnancy was under treatment of Dr. Kiran Garg (OP-3) at Gargi Hospital (OP-1). On 01.06.2009 the OP-3 examined her and advised for regular follow-up till her delivery. The patient attended her regular check-ups on 16.07.2009, 30.09.2009, 27.10.2009, 14.12.2009 and 06.01.2010. On each occasion OP-3 examined her and issued hand-written prescriptions. Also, certain blood tests and USG were conducted for assessment of maternal health and the fetal growth. All the results were within the normal parameters. On 19.01.2010 for the first time, the patient started having slight labour pain and on the advice of OP-3, she was remained in her house and she was asked to come to hospital (OP-1) when the labour pain increases. On 21.01.2010, at about 4.

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