For the Appellants : Mr. Anand Patwardhan, Advocate

 

For the Respondents  : Mr. Shirish V. Deshpande, Advocate

Dr. Archana Sabnis, AR

 

 

“There is something about losing a mother that is permanent and inexpressible 

– a wound that will never quite heal.” – Susan Wiggs

We understand how challenging and painful a Mother’s day without mom.

1. The instant Appeal has been filed by Dr. Rajesh L. Tate (hereinafter referred to as the ‘Appellant/Opposite Party No. 2’) and the Tate Hospital (hereinafter referred to as the ‘Hospital/ Opposite Party No. 1’) against the Order dated 04.02.2015 passed by the Maharashtra State Consumer Disputes Redressal Commission (hereinafter referred to as the ‘State Commission’), wherein the Appellants were held liable for medical negligence. 

2. Facts in brief are that Smt. Mayuri S. Brahmabhatt (hereinafter referred to as the ‘Patient’) during her 2nd pregnancy was visiting the Opposite Party No. 1 Hospital for regular check-up. On 19.09.1995, Dr. Tate, the Opposite Party No. 2 examined her and informed the couple that the baby was full term, matured and the delivery could occur at any time. He further advised to bring the patient immediately on noticing pain, signs of bleeding or fluid.  At home, on 20.09.1995 at about 5.30 am, the patient started bleeding and immediately she was admitted to the Tate Hospital at 6.30 am. At 6.45 am she was examined by Opposite Party No. 2 and decided to perform Lower segment Caesarean Section (LSCS).  The consent was obtained from her husband Mr. Sushrut Brahmabhatt (hereinafter referred to as the ‘Complainant No. 1’). The Anaesthetist Dr. (Mrs.) Kelkar (hereinafter referred to as the ‘Opposite Party No. 3’) arrived at 8.00 am and the patient was taken to the operation theatre for LSCS under spinal Anaesthesia. It was alleged that at 8.45 am, the Opposite Party No. 2 asked the patient’s husband to get a bottle of Haemaccel which was immediately purchased from local Pharmacist along with other medicines.  At 9.30 am, the patient delivered a female baby. It was alleged that the Opposite Party No. 2 told his assistant to call urgently another Gynaecologist and also told the relatives of patient to arrange ‘A-Negative’ blood. A note on a piece of paper was given for Amit Biological Blood Bank, Vasai for supply of blood. It was further alleged that the person who went to the Blood Bank returned because the blood samples were contaminated, therefore pure sample were redrawn and given with a proper requisition slip to the Blood Bank and thereafter at about 10.30 am, 4 bottles of blood were arranged. In the meantime, due to anxiety, the co-brother of the Complainant, Dr. Ram Barot, contacted one Gynaecologist, Dr. Asha Sharik at Mallad, who performed 1st LSCS of the patient.  She telephonically gave instructions to Dr. Tate to shift the patient to Bhagwati Hospital at Borivali where she could perform emergency hystere