JUDGMENT

Ajith Kumar D., Judicial Member—This is a complaint filed under Section 12 of the Consumer Protection Act, 1986 claiming compensation for medical negligence.

2. The case of the complainant in brief is summarized below:—

The first complainant is the daughter of the second and third complainants. The second complainant during pregnancy had undergone antenatal checkups from Lok Naik Jayaprakash Narayan Hospital, Delhi in which hospital she was working as a staff nurse. She was diagnosed with gestational diabetes. In such situations the babies might be abnormal in size (Macrosomic) which creates complication as the baby will face difficulty in passing through the mother’s vaginal canal. So the delivery of the second complainant was risky. The second opposite party is a famous gynaecologist and the Chairman of M/s Velankanni Matha Hospitals Private Limited. In view of the goodwill and professional experience the complainant had decided to consult with the second opposite party for delivery on 25.07.2011. During the first check up, the second opposite party advised the complainant that though the expected date of delivery was on 25.08.2011, for safe confinement caesarean section