ORDER

Dr. S.M. Kantikar, Member—The Complainant is a 5 year old minor baby girl and the present Complaint was filed by her father and the natural guardian Shri Partha Sarthi Bhattacharya (hereinafter referred to as the ‘Complainant/Patient’) under Section 21 of the Consumer Protection Act, 1986 (in short “the Act”) against the Opposite Parties who were responsible for the alleged medical negligence resulted delivery of Hydrocephalus baby.

Complaint:

2. On 22.02.2013, the Complainant’s wife during her 2nd pregnancy consulted Dr. Suranjit Dutta- the Obstetrician & Gynecologist - (hereinafter referred to as the “Opposite Party No. 1”) at Khanna Nursing Home (hereinafter referred to as the “Opposite Party No. 2”). She categorically informed the doctor about her first daughter suffering from ‘Autism’ and therefore requested to take every precaution and to carryout possible diagnostic tests to avoid any physical and mental defect to her 2nd child. Throughout 9 months of pregnancy, she was under the Antenatal care (ANC) of Dr. Suranjit Dutta. It was alleged that the Opposite Party No. 1 conducted first Ultrasonography (USG) on 13.04.2013 and thereafter doctor never advised 2nd level USG.