Medical professionals are not liable for negligence if their actions accord with accepted medical practice, even if the outcome is adverse.

1. This Complaint has been filed under S.21(A)(i) of the Consumer Protection Act, 1986 (for short "the Act") by Smt. Kanchan Singh (hereinafter to be referred as the 'Complainant' or 'Patient') against Maa Sharda Hospital (hereinafter to be referred as the 'Opposite Party No. 1') & Dr. R.K. Agrawal (M.S.) (hereinafter to be referred as the 'Opposite Party No. 2') claiming compensation of Rs.2 Crores along with 9% interest for the alleged medical negligence.

2. The Complainant Smt. Kanchan Singh - patient during her pregnancy was under observation of Dr. Rekha Singh. On 4.9.2014, Dr. Rekha Singh examined her and called for delivery after 4-5 days. The patient went to Dr. Rekha Singh on 8.9.2014, but she was not available, therefore, on the same day, the patient with her husband approached Dr. R. K. Agrawal (Opposite Party No. 2) and got admitted to Maa Sharda Hospital (Opposite Party No. 1). Before that she also went to Primary Health Centre Saidabad. It was alleged that on the same day, the Opposite Party No. 2, the Director of the Hospital, himself administered anesthesia and performed caesarian delivery. A male baby was delivered at 8.57 p.m. Thereafter, the patient went into deep coma, allegedly due to wrong anesthesia and surgery. The same was informed to her husband at the time of shifting from OT to private room. The patient was given electric shock in order to bring her memory back, but to no avail. On next day (9.9.2014), the Complainant paid the hospital charges, but the patient was forcibly discharged by the Opposite Party No. 2 under the garb of referral to higher centres.

3. The Opposite Party No. 2 suggested three hospitals in Lucknow namely S.G.P.G.I, K.G.M.C. and Sahara Hospital, but on 9.9.2014, the patient was hospitalized in Preeti Hospital at Allahabad under supervision of Dr. Kartikeya Sharma. There was no improvement in the comatose condition of the patient and she was discharged on 19.10.2014. After the discharge, the patient's husband hired a permanent attendant for her care. It was alleged that the Complainant incurred heavy expenses amounting to Rs.20 lakh towards her treatment.

4. Being aggrieved, initially the Complainant registered an FIR on 22.11.2014 and also thereafter, he filed the instant Complaint before this Commission on 19.10.2015 for alleged gross medical negligence on the part of the Opposite Parties to claim Rs.2 crore as compensation.

5. The Opposite Parties filed its written versions and denied any negligence while treating the patient. The Opposite Party No. 2 submitted that he is a qualified as MS and had expertise in complicated surgery. The patient was brought from about 40 kms away to his hospital in very pathetic condition on 8.9.2014. The Complainant never produced her previous ANC record with Dr. Rekha Singh. He immediately examined the patient and found that it was full term pregnancy and immediate operation was required to save the baby in the womb. The outcome of the operation was informed to her husband. As the Anesthetist was not available, the Opposite Party No. 2 was not inclined to perform the operation, but on the request of the patient's husband and considering the emergency, he performed the caesarian operation. He further submitted that during operation, the patient was suffering from Pre - Eclampsia Toxemia (PET), which was not informed by the patient's husband. After competition of the operation, while putting the stitches and dressing, the patient started convulsions on the operation table itself. Inj. Epsilon was given immediately and the patient was shifted to ward. Due to serious condition of the patient, he advis