Consumer Forum rejects claim in a medical negligence case

Thane District Consumer Redressal Forum today rejected a claim of Rs 5.15 lakhs filed by a woman against two doctors of a civic maternity hospital here in a case of alleged medical negligence.
The woman had alleged that due to the negligence of both the doctors during her family planning operation in April, 2004, and its subsequent failure, she conceived again and delivered her third child.
The complainant, Saira Shabbir Sayyed, a resident of Dombivili locality here, had filed a claim of Rs 5.15 lakh against doctors Dr Sridevi Devraj and Dr Jyoti of Kalyan-Dombivali Municipal Corporation (KDMC) Civic Maternity Hospital in November, 2007.

The Forum, however, said the complainant failed to substantiate the allegations with proper proof.
In their judgement delivered today, president of the forum Umesh Jhavalikar and member N D Kadam said it cannot be always concluded that such failures are a result of negligence on the part of doctors and there were no proper proofs provided to substantiate the charges.
According to Sayyed's complaint, she had delivered her first baby, which was a Caesarean section, and doctors had suggested her to undergo the tubal ligation (female surgical sterilisation) operation after delivery of her second child.

She underwent the operation at the KDMC civic maternity hospital but it proved to be a failure as she again conceived and delivered her third. Post which, she again underwent the same operation at another hospital and the hospital had issued her a certificate that the first operation was a failure.

The doctors, argued in the court that sometime such operations fail and stated that the couple might not have taken proper protection, hence she conceived again.
The Forum in their order said that simply on the basis of a certificate issued by doctors, citing operation was a failure, negligence is not proved.
They also referred to several of the decisions of the National Council in this regard.
The complainant had claimed a sum of Rs 4.50 lakhs towards compensation, Rs 50,000 towards financial and mental sufferings and also Rs 15,000 towards legal expenses.