Fertility clinic pays couple Rs 26 lakh

A consumer court has ordered a private hospital to pay Rs 26 lakh as compensation to a couple for medical negligence.

The hospital was found guilty of negligence and deficient service while offering a specialised treatment to the pregnant woman who allegedly had a miscarriage as a result. Her husband made special efforts to learn the medical terminology to argue the case party-in-person at the consumer court.

The couple, T H M Jagadeesha and his wife Sandhya reside in Kodichikkanahalli and work as software engineers in the city. Sandhya had two miscarriages since 2011, the first happening six weeks after conception and the second after 14 weeks.

While looking for the specialised treatment to have a baby, Jagadeesha came across Cloudnine hospital on the internet. “The hospital claimed zero mortality and 99.72% survival rate of the babies. Its webpage also showed one Dr Leela Bhagavan as senior most consultant obstetrician and Gynecologist,” Jagadeesha said.

The couple met Dr Leela Bhagavan and described the medical history. Sandhya was put on medication.

In his complaint to the court, Jagadeesha said the doctor ignored watery discharge, lower backache, pulling sensation and bleeding, all within nine days of Sandhya’s conception.

The complainant said the treatment lasted for 21 weeks and ended in miscarriage in June 2014. Right from the time she conceived, Sandhya has been visiting Dr Leela throughout the treatment period.

In June 2014, Sandhya went to the hospital complaining discharge. The doctor ruled out infection and said it was due to poor hygiene. But when the condition did not improve eight days later, the doctor admitted there was infection and prescribed another medicine.

On June 21, 2014, Sandhya was admitted to the hospital with severe backache and underwent a surgery.

Jagadeesha said the doctor did not possess the requisite skills to deal with fertility and pregnancy issues. She promoted the medicines of a chain-linked company whose products are not approved by the Food Safety and Standards Authority of India. He also alleged that there was negligence on the part of the doctor and the hospital while examining the patient.

The court held that the fact of the doctor’s qualification not being recognised by the MCI was evident when the hospital removed her qualification on its website after the issue came to light.

“The doctor was aware of the fact that the patient had two abortions earlier and had a high risk,” the court noted.