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Showing contexts for: malout in Dr. Neeva Juneja vs Raj Kaur And Others on 11 April, 2017Matching Fragments
4. Upon notice opposite party No.1 pleaded in his reply that the complaint was not maintainable in the present form; the complainant has not impleaded Adesh Hospital and Dayanand Medical College and Hospital, Ludhiana as party in the complaint, so the complaint is bad for non-joinder and misjoinder of necessary parties. Opposite Party No.1 and Raja Singh had no concern with Juneja Ladies and Maternity Hospital, Malout. Opposite party No.1 has been intentionally arrayed being father-in-law of opposite party No.2. Opposite party No.2 is running separate hospital under the name and style of Juneja Ladies and Maternity Hospital, Malout. Opposite party No.1 had no concern with the alleged L.S.C.S. No person in the name of Raja Singh ever worked in Juneja Hospital.
5. Opposite party No.2 also filed separate reply contending that the complainant had not impleded Adesh Hospital and DMC Hospital as party in the complaint, so the complaint was bad for non- joinder/mis-joinder of necessary parties. The complainant suffered from disease since the pre-natal stage and there was no link whatsoever with the caesarean section. There was no complication at the time of post-natal stage. Caesarean section was done to save the life of the baby and the complainant. Juneja Hospital, Loha Bazar, Malout-opposite party No.1 and Raja Singh had no concern with Juneja Ladies and Maternity Hospital, Malout. The complainant was not a 'consumer' of opposite party No.2 as per the amended provisions of the C.P. Act. However, it was admitted that on 6.12.2012 at 6.00 a.m. the complainant was admitted with the history of labour pains one day and night prior to the admission i.e. 5.12.2012. Prior to this she was handled by a Dai of Village Jandwala; namely, Gurmeet Kaur @ Ram Rakhi. The complainant was not examined ante natal by any doctor, who could diagnose her problem early. On examination the complainant was found in full labour with breech presentation pre-eclampsia, anemia and in severe pain. She had blood pressure of 180/100 mmhg and was increasing progressively. On internal examination her cervix was 3 f dilated or 5-6 c.m. dilated and the footling of the baby had protruded out of the cervix and lying in the vagina and the fetal heart rate was present. The condition of the complainant and the baby had been put in danger by the Dai, who was trying to deliver the baby at her home. Under the emergency situation the complainant was given medicine to help lower the blood pressure and emergency caesarean section was advised for the safety of the mother and the baby. All necessary pre-operative tests were done and the complainant was prepared for surgery with the consent and necessary intimation to the close relatives accompanying her. As per hospital rules, advance of Rs.2,500/- was taken and receipt was issued to the relatives of the complainant. The complainant was shifted to operation theatre at 9.30 A.M. and underwent L.S.C.S. under spinal anesthesia and a live female baby was delivered at 10:00 a.m. The baby cried immediately after the birth. Spinal anesthesia is preferred on high B.P. patients. The complainant was shifted to the recovery room from the operation theatre and was monitored. She continued to have high blood pressure. She was given medicine to lower the blood pressure. At 12:30 p.m. she had one episode of generalize tonic colonic convulsion. She was treated for that but she had another episode of generalized tonic colonic convulsion. The relatives wanted to take her to higher centre and as such, she was shifted to Adesh Hospital, Muktsar. After two days the complainant was shifted to DMC, Ludhiana. No surgical complication ever occurred during the operation or afterwards. Since none of the two hospitals mentioned any surgical complication to the complainant, therefore, convulsions were due to pre-existing disease and were not related to surgery. The caesarean section was conducted by opposite party No.2 as per need of the hour to save the life of the complainant and the life of unborn baby, who would have died if timely caesarean section would not have been done. Opposite party No.2 is a qualified Obstetrics/Gynecologist and was authorized to do L.S.C.S. Operation theatre was fully equipped for surgeries like Lower Segment Caesarean Section (LSCS). There is no literature which says that lady will not become pregnant after LSCS. The complainant and her relatives had harassed opposite party No.2 by taking out processions and the allegations have been made just to blackmail and grab money in the shape of compensation.