Patna: The Bihar State Consumer Disputes Redressal Forum has directed Dr Bimla Shahi of Chhapra to pay Rs 20 lakh in compensation in a medical negligence case involving the death of a pregnant woman and her unborn child.
A bench headed by Forum President Justice Sanjay Kumar held that relying solely on an old ultrasound report despite a patient presenting with severe, potentially life-threatening symptoms amounted to serious professional negligence.
The case relates to Bhumija Medical Centre in Bhagwanbazar, Chhapra, where Shalu Jain, wife of Neeraj Kumar Jain, had sought medical care during her pregnancy.
Patient complained of severe pain
According to the case, Jain visited the doctor complaining of unbearable abdominal pain and the absence of foetal movement.
The complaint alleged that Dr Shahi did not conduct a fresh physical examination and instead relied on an earlier ultrasound report before concluding that everything was normal.
When Jain returned on October 6, 2013, reportedly still suffering severe pain, she was allegedly dismissed without appropriate treatment.
She was subsequently taken to a hospital in Patna after her condition deteriorated.
Woman died during treatment
According to the case presented before the Commission, medical examination later indicated that the foetus had died some time earlier and that the resulting condition had caused toxins to spread through the mother’s body.
Jain died during treatment on October 11, 2013.
During the proceedings, the Forum examined whether the doctor had adequately responded to the symptoms reported by the patient.
Forum questions reliance on old report
Justice Sanjay Kumar observed that a patient experiencing severe pain and loss of foetal movement required fresh medical assessment.
The Forum held that the doctor should have ordered a fresh ultrasound examination or sought specialist advice rather than relying on an old report.
The bench invoked the legal doctrine of res ipsa loquitur, or “the thing speaks for itself”, in holding the doctor liable for the negligence established in the case.
The Forum also observed that the circumstances involved the right to life of both the patient and the unborn child.
Rs 20 lakh compensation ordered
The Forum directed Dr Shahi to pay Rs 20 lakh to Neeraj Kumar Jain, along with Rs 20,000 towards litigation costs.
The amount is to be paid within 60 days.
If the payment is not made within the stipulated period, interest will be applicable at 8% per annum, according to the Forum’s order.
