IMPORTANT POINTS
(1) Negligence - Mere allegation of negligence will be of no help to the Complainant.
(2) Cogent evidence - Complainant to prove the negligence or deficiency in service by adducing cogent evidence.
(3) Medical practitioner - A medical practitioner is not to be held liable simply because things went wrong from mischance or misadventure or through an error of judgment in choosing one reasonable course of treatment in preference to another.
(4) Competent practitioner - medical practitioner would be liable only where his conduct fell below that of the standards of a reasonably competent practitioner in his field.
(5) Treatment - while adopting a course of treatment, the duty cast upon the medical practitioner is that he must ensure that the medical protocol being followed by him is to the best of his skill and with competence at his command.

ORDER

“The medical professionals are entitled to get protection. It is our bounden duty and obligation of the civil society to ensure that the medical professionals are not unnecessarily harassed or humiliated so that they can perform their professional duties without fear and apprehension. The malicious proceedings deserve to be discarded against the doctors 2010(2) SCC 480.

1. This Complaint has been filed under section 21(A)(i) of the Consumer Protection Act, 1986 (for short “the Act”) by the Complainant - Dr. Ishita Tikkha (hereinafter referred to as the ‘patient’) against Apollo Cradle, Amritsar & its 3 Doctors (hereinafter referred to as the ‘OPs- 1 to 4’) for alleged medical negligence causing Complainant’s pre-term twin delivery and death of twin-1. The Complainant was represented by her mother Dr. Neelam Tikkha as an Authorised Representative (AR) / Power of Attorney.

Facts:

2. Dr. Ishita Tikkha (the patient), during her pregnancy, was under Antenatal Care (ANC) of Dr. Neera Kripal, Gynecologist (OP-4) at Apollo Cradle, Amritsar (OP-1). It was a twin pregnancy and after investigations, it was diagnosed that one baby was going to born with esophageal atresia. Therefore, as a need for special care and to perform immediate surgery of the newborn, the Pediatric Surgeon – Dr. Harparkash Singh Miglani (OP-3) was consulted on 10.03.2019. The patient, being a doctor herself, expressed her concern about the need of continuous suction of saliva to avoid aspiration in the lungs. The OP-3 recommended the patient to opt OP-1 Hospital for delivery, since he could perform the surgery of esophageal atresia for the newborn immediately after birth. On 05.04.2019, the patient was admitted for delivery in OP-1 Hospital. It was alleged that the OP-4, without examining the patient, performed cesarean section and forced for pre-term twin delivery, by putting high risk to the newborns.

3. It was alleged that after the birth, the twins showed very healthy signs, but immediately they were shifted to NICU. It was alleged that after 2 hours, patient’s husband - Dr. Himanshu Rai noticed, from the glass window, about the blue legs of Twin-2, which needs to be comforted and kept warm. The OP-3 called him in OPD and asked not to stand near glass, since Dr. Latika Uppal was objecting. Further patient’s mother Dr. Neelam Tikkha, at around 4 pm, noticed that both babies had urinated. The diaper was so soaked that the urine was oozing out and the babies were lying in wet beds. The staff did not notice it. There was only one nurse for 4 babies, who was also very busy on her mobile.

4. It was further alleged that on 06.04.2019, Twin-1 collapsed due to chocking of lungs with saliva since no suction was done at all. Twin-2 developed ‘Septicemia’. It was alleged that the Consultant - Dr. Latika Uppal (OP-2), on her routine round, at around 8am, did not inform about the critical condition of babies. The throat suction was not done. At around 9 am, the patient’s husband noticed the miserable condition of Twin-1 through glass window. It was alleged that both babies had developed aspiration pneumonia and septicemia because of unhygienic NICU, thus it was deficiency and gross negligence of the hospital. She further alleged that the OP-3 had always been on phone and not present near the bedside of the patient. He expressed that the baby had swallowed saliva. It was further alleged that X-ay was not given by the hospital but Dr. Himanshu Rai took image from his cell since babies were discharged against medical advice (DAMA).

5. Thereafter, within 24 hours, on 06.04.2019, the Complainant shifted the babies to Guru Nanak Dev Super Specialty hospital, Tarn Taran (Guru Nanak Hospital) wherein the Twin-1 died because of infection which allegedly caught at OP- Hospital1. It was alleged that, as promised, the Pediatric Surgeon (OP-3) did not perform surgery to save the life of Twin-1. No efforts were made to stabilize the babies. The Twin-2 became weak due to high doses of anti