Medical negligence was established due to the failure in the MTP procedure, resulting in an unwanted pregnancy and entitling the complainant to compensation.

1. It is known that, deciding to terminate a pregnancy is an intensely personal and difficult decision for women and especially not to consider lightly. The emotional significance becomes even more apparent when a termination goes wrong due to MTP neglignece.
1. The instant Revision Petition is filed against the order dated 23.2.2017 passed by the State Commission, Delhi which dismissed the appeal bearing No. 93 of 2003 preferred by the petitioner against order dated 30.12.2002 passed by the District Forum, South - I, New Delhi in Complaint No. 1519 of 1995 which allowed the Complaint preferred by Respondent and awarded compensation of Rs. 75,000.

2. The issue involved that due to alleged negligence and the failure of Medical Termination of Pregnancy (MTP) procedure, the patient has to continue the unwanted pregnancy. Whether such woman deserves any compensation?

3. Brief facts to dispose this revision are that Premawati, wife of the complainant (hereinafter referred to as 'Patient') conceived 4th time. It was 1½ month pregnancy and on 28.12.1994 the doctor at Parivar Seva Sanstha (OP) performed Medical Termination of Pregnancy (MTP) and after 5 hours discharged her by telling it MTP was successfully performed. However, she noticed the pregnancy was continuing after 5 months. Therefore, she approached the OP. The Nurses verbally told to get admitted for the operation, which will be done free of cost. But, at that stage it was 6½ months pregnancy which was not possible to terminate. Therefore, there was no option for the patient but to continue the unwanted pregnancy and sustain burden of additional child in the family. Therefore, being aggrieved by the negligent care and procedure of the doctor at OP center, the Patient filed a consumer complaint before the District Forum, New Delhi for compensation of Rs. 4,50,000.

4. The OP in its written version denied any medical negligence during MTP. As it was early pregnancy, therefore after MTP patient was called for follow - up after two weeks, but she came only after two months (16-18 weeks). At that time she was given option for MTP free of cost but she did not agree and stated that she would come again after discussing with her in - laws. As her in - laws were not in favour of MTP, therefore, she continued her pregnancy. It was stated that there was no 100% guarantee in MTP about evacuation of foetus.

5. After hearing the parties, the District Forum partly allowed the complaint and directed to pay compensation of Rs. 75,000 to the complainant. The relevant observation of District Forum are as below:
'After careful consideration of all the facts we are unable to appreciate that stand taken by OP that M.T.P. failure is a well - known and well documented medical fact and that at the early stages of pregnancy when foetus is very small, chances of doctor missing the sack are there. This statement of O.P. is not supported by any medical literature as the same has not been filed by O.P. In the absence of any medical literature, statements of O.P. xxxx cannot be believed and relied upon. On the other hand this common knowledge, that M.T.P. is xxxx Done when pregnancy is not more than 6 to 8 weeks. After this, it becomes risky for the lady and good doctors do not advise M.T.P. after this period. OPs attitude to the health and life of the lady is reflected in its willingness to perform M.T.P. when the lady was more than 6 months' pregnant. These are a few cases of failure of sterilization but we are not aware of any failure of M.T.P. Doctors of O.P. have certainly been negl