DISMISSED

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CC/1631/2017 MADHUBALA VS. GTB HOSPITAL & ORS DOD: 25.07.2022

IN THE DELHI STATE CONSUMER DISPUTES

REDRESSAL COMMISSION

Date of institution: 21.09.2017

Date of hearing: 21.03.2022

Date of Decision: 25.07.2022

COMPLAINT CASE NO.- 1631/2017

IN THE MATTER OF

SMT. MADHUBALA,

W/o SH. SANDEEP KUMAR,

R/O- H. NO. B-45/4, PHASE-I,

SHIV VIHAR, KARAWAL NAGAR,

DELHI- 110094

…Complainant

(Through: Mr. Prashant Manchanda, Advocate)

VERSUS

1.G.T.B HOSPITAL,

Through

Directorate General of Health Services

Through its Director (Health Services)

Department of Health & Family Welfare,

Govt. of NCT of Delhi,

F-17, Karkardooma,

Maharaja Surajmal Marg, Arjun Gali,

Delhi – 110032

On behalf of G.T.B Hospital

Administrative body controlling G.T.B Hospital

2. MEDICAL SUPRITENDENT

Treating Unit- II

GTB Hospital, Dilshad Garden,

Delhi.

DISMISSED

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CC/1631/2017 MADHUBALA VS. GTB HOSPITAL & ORS DOD: 25.07.2022

3. MS. GEETA RADHAKRISHNAN

HEAD OF DEPARTMENT

Gynaecology

Treating Unit- II

GTB Hospital, Dilshad Garden,

Delhi.

4. MS. KAVITA

ATTENDING DOCTOR

Gynaecology

Treating Unit- II

GTB Hospital, Dilshad Garden,

Delhi.

5. MS. PRIYANKA

ATTENDING DOCTOR

Gynaecology

Treating Unit- II

GTB Hospital, Dilshad Garden,

Delhi.

…Opposite Parties

(Through: Mr. Nischal Kumar Neeraj, Advocate)

CORAM:

HON’BLE

JUSTICE

SANGITA

DHINGRA

SEHGAL,

(PRESIDENT)

HON’BLE SH. RAJAN SHARMA, MEMBER (JUDICIAL)

Present: None for the parties.

PER: HON’BLE JUSTICE SANGITA DHINGRA SEHGAL,

(PRESIDENT)

JUDGMENT

1.

Brief facts necessary for the adjudication of the present complaint

are that the complainant went to the GTB Hospital for routine check-

up on 07.12.2015 during her 36^th week of pregnancy. She was

DISMISSED

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CC/1631/2017 MADHUBALA VS. GTB HOSPITAL & ORS DOD: 25.07.2022

examined by opposite party no. 4 & 5 who informed her that the

child was in breech position, which is not abnormal but advised her

to come again to hospital on 14.12.2015.

2.

On 14.12.2015, after routine medical check-up, the opposite party

no. 4-5 found that the complainant had high Blood Pressure (BP)

and advised her to wait for recheck. Having found high BP again,

she was advised admission in hospital. On the advice of the doctors,

the complainant got admitted in GTB Hospital around 1 p.m.

3.

The doctors and staff nurses advised the complainant to check her

BP and fetal movements atleast 5-6 times a day. The complainant

followed the advice of the doctors and carefully maintained a chart

to this effect. More so, she had conceived after 6 years of marriage.

4.

According to the complainant, though she was admitted in hospital

on 14.12.2015, she was not given any medicine till 17.12.2015. A

Non-Stress Test (NST) was conducted on her on 17.12.2015 and it

was found that the heartbeat of the child was abnormal. She was

advised to undergo surgery immediately to save the life of the

unborn child. The complainant and her husband gave consent to

carry out the surgery.

5.

According to counsel on behalf of the complainant, even though she

was taken to labour room, she was made to wait for more than an

hour as the Operation Theatre (OT) was occupied at that time. It is

further submitted that doctors in hospital were requested to refer her

to some other hospital as there was threat to the life of the

complainant and her unborn child but was of no avail.

6.

After passage of around 2 hours the complainant was again advised

to undergo Non Stress Test and it was reported, thereafter, that the

child had died in womb o

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