Smt. Anita vs Dr. (Smt.) Vandana Sethi on 12 September, 2014
12. Learned counsel for the complainant also placed reliance on
(1991) 2 CPR 515; Sakil Mohammed Vakil Khan vs. Dr. Miss Perin
Irani and others, in which the State Commission, Bombay has
expressed its view that in case of meconium stained liquor which
indicates foetal distress and fit case for caesarean, after taking consent
operation was conducted and a baby was born, but at the same time
during performing caesarean operation proper care and attention was not
provided. Doctor did not monitor patient's brain, dead due to lack of
8
oxygen, but in the present case an ambulance was arranged immediately
after seeing the serious condition of the complainant and she was shifted
to the Himalayan Hospital, Jollygrant, Dehradun for further management
and treatment by the opposite party. Therefore, it cannot be said that
proper care and attention was not provided to her by the opposite party.
In other citation (2004) 3 CPR 574; Mr. A. Xavier vs. M/s
Cantonment Polyclinic & Ors., in which the State Commission,
Karnataka has expressed its view that during removal of gallbladder, the
patient died due to bleeding. No blood clotting test was done, whereas
the patient was suffering from chronic cholecystitis and patient was not
shifted to higher hospital instead of doing second operation when they
did not have ICU and ventilator facility. With due respect to the State
Commission the present case does not pertain to the serious operation, so
there was no need of blood clotting test. So far ICU and ventilator
facility is concerned, no such facility is available at Rishikesh town as
per opposite party Dr. (Smt.) Vandana Sethi. So she manage to shift the
complainant to higher center at Himalayan Hospital, Jollygrant.
Therefore, this ruling also does not apply in the instant case. Learned
counsel also placed some other citations, which show that a medical
practitioner is expected to bring a reasonable degree of skill and
knowledge and must also exercise a reasonable degree of care and
caution in treating a patient. We are agreed with this submission that a
medical practitioner must exercise a reasonable degree of care and
caution in treating a patient.