The District Consumer Disputes Redressal Forum, Panchkula, has awarded compensation of Rs 10 lakh to a woman whose child died during labour due to negligence on the part of Alchemist hospital, Sector 21, and Sector-8 based doctor Dr Kamla Thukral, in 2006. Dharmendra Thakur, a resident of Zirakpur, was taking treatment from Dr Thukral at her clinic and also at the Alchemist Hospital. She was given June 11, 2006, as the expected date of delivery.
The complainant submitted in court that on June 10, 2006, she started having labour pains and took milk and ghee on the advice of Thukral. Finally, admitted to the hospital on June 12, she was told that the pain would continue till the next day. However, when bleeding started at 10:30 pm, she requested for Thukral’s presence, who did not turn up. She (the patient) was told that nothing would happen till 11 am on June 13. However, she was taken to the operation theatre at 10:30 am on June 13, 2006, when Dr Thukral also arrived. After the operation, she was told that the baby had died due to infection. However, the death certificate, said distress due to cord around neck led to the demise.
The consumer forum, under president Dharam Pal and members Anita Kapoor and Anil Sharma, dismissed the contention of Alchemist hospital that Thakur had been a patient of Dr Thukral and she was not a direct patient of the hospital as they failed to place on record any document to show that Dr Thukral was not their consultant doctor.
The forum ruled, “…there is negligence on the part of treating doctors i.e. Alchemist Hospital and Dr Kamla Thukral, for reasons that they did not take any steps to get the cord released.” It added, “… while applying the principal of what constitute medical negligence, it is clear that so far as the problem cord around the baby’s neck at birth are concerned even though Dr Thukral was wellqualified doctor, she did not exercise ..,degree of care and skill required.”