IMPORTANT POINTS
(1) Mere deviation from normal professional practice is not necessarily evidence of negligence.
(2) Error of judgment on part of professional is not negligence per se.
(3) Negligence cannot be attributed to doctor so long as he is performing his duties to best of his ability and with due care and caution.

ORDER

Dr. S.M. Kantikar, Presiding Member.—The present Revision Petition was filed against the impugned Order dated 06.04.2012 of the State Consumer Disputes Redressal Commission, Haryana (for short “State Commission”) whereby the appeal (Appeal No. 2160/2007) filed by the appellants was dismissed.

2. Brief facts are that Smt. Kiran, (hereinafter referred to as the ‘Patient’) the wife of the Complainant was under regular observation in Civil Hospital, Kalka during her pregnancy. On 15.07.2006, for labour pains she was admitted in Kalka Nursing Home at 9:00 a.m. and remained under observation of Dr. Nitasha upto 2.30 p.m. and then the patient was referred to the OP-1 – J.N. Shori Multi Specialty Hospital at 3:00 p.m. The OP-2 Dr. Sangeeta Shori performed caesarean section and a female baby was delivered at 5.30 pm. According to the complainant after the operation, the patient developed pain and she became critical and unconscious; therefore the OP-2 referred the patient to PGI Chandigarh without providing any medical attendant. The patient died on the way and she was brought back to the OP-1 hospital. The Death Certificate issued by the OP-2 stated the cause of death as septicemia with labour pains. Alleging medical negligence on the part of the OP-1 and OP-2 causing death of Complainant’s wife, a Consumer Complaint was filed by the Complainant before the District Forum, Kalka.

3. The OPs-1 & 2 filed their reply and denied negligence during delivery. It was submitted that the patient was brought to OP-1 hospital in serious condition on 15.07.2006 having 50% effaced cervix, fever 1020 F, pulse rate was high- 106 per minute and high respiratory rate - 28 per minute. It was diagnosed as septicemia and the treatment was started immediately to save the patient as well as the baby. The patient’s hemoglobin was 6.2g%, OP-2 sent the ambulance to collect the blood two units from Rotary and Blood Societies Resources Centre, Chandigarh. At 5.30 p.m., after taking informed consent of her husband Krishan Lal, the Caesarian operation was performed. After the operation during closure of operative wound the patient suffered hypotension and convulsion. The Patient was revived, but again she developed hypotension, which did not improve further despite treatment; therefore for further management, the patient was shifted to PGIMS in their ambulance alongwith the nurse and Ambubag with O2 and IV lines. However, the patient was brought back at 9.40 P.M. with unrecordable BP and pulse. Despite resuscitative efforts, the patient could not be revived and declared dead at 10.00 P.M.

4. After hearing the parties and appraisal of evidence, the District Forum allowed the Complaint and ordered the OPs to pay jointly and severally a lump sum compensation of Rs. 5,00,000/- failing which the complainant would be entitled to 10 % interest on the amount of compensation till actual realization.

5. Being aggrieved by the order of the District Forum, the Opposite Parties preferred two first appeals before the State Commission. The OPs-1 and 2 filed an Appeal No. 2160 of 2007, and Ins. Co (OP-3) filed an Appeal No. 2098 of 2007.

6. The State Commission accepted Appeal No. 2098/ 2007 and the relief against the Insurance co. (OP-3) was set aside. The Appeal No. 2160/2007 filed by OPs-1 and 2 was dismissed and directed the OPs-1 and 2 to pay the entire amount as awarded by the District Forum.

7. Being aggrieved the Opposite Parties 1 and 2 have filed this revision petition.

8. Heard the arguments from both the sides and perused the material on record inter-alia the medical treatment record of Kalka Nursing Home, J.N. Shori Multi Specialty Hospital and given the thoughtful consideration.

9. The main allegation of the Complainant was that the cause of death of his wife was either due to spinal shock because of excessive anesthesia or mismanagement, while applying anesthesia or excessive bleeding at the time of delivery which the OP-2 failed to control.

10. From the presc