Parties: Mr Jivan Suryawanshi vs Doctors
Court: MMC, Mumbai
Date of decision: 17.10.2022
Specialisation: Cardiac Anaesthetist and Gynaecologist & Obstetrician.
Facts of the case:
Deceased wife of complainant was under the treatment of respondent’s doctors, who have protected their profession through APEX. The patient conceived twins through IVF treatment. Delivery was conducted through C-section but it was alleged that during surgery main nerve was cut which resulted into profuse bleeding, as per protocol hysterectomy was done. But the patient party alleged that hysterectomy was done without obtaining the consent. Further for surgery anesthesia was administrated twice within span of 24 hours due to which the patient went into coma.
Condition of patient deteriorated due to which she was referred to another hospital for higher management but even after persistent efforts she died on 15.09.2014, and the main reason was profuse bleeding due to cut of main nerve.It has been further alleged that the post mortem report was filed on 15.09.2014 wherein the cause of death was lung disease and not due to post-partum bleeding.The patient party explored all the possible remedies by filing a consumer complaint before state commission but the same was erroneously dismissed. Filed a criminal case which is still pending, besides this complaint before MMC.
Outcome:
The council initiated enquiry under provisions of MMC Rules, 1967 & MMC Act, 1965. The council held that: “The committee after perusal of the entire records, observed that final PM report suggest cause of death as lung disease. Considering effect of twin fertilization and condition of embro from caesarean surgery was required. This was a case of atonic PPH. The Gynec doctor provided affidavit of renowned doctor who opine that the alleged doctor has done all the lifesaving procedure post operatively and there is no negligence done by the treating doctor during the entire procedure. The report of civil surgeon also opine the same”. Hence the complaint was dismissed.
