Consumer commission sets aside district forum order

Sandeep Rana

Tribune News Service

Panchkula, June 17

In a relief to Alchemist Hospital, Sector 21, Panchkula, and  Dr Kamla Thukral, who were ordered by the District Consumer Forum in 2006 to pay Rs 10 lakh compensation to a woman whose child died during labour, the State Consumer Disputes Redressal Commission set aside the order.

“In view of the evidence available on the record supported with medical literature, the allegations of medical negligence stand falsified. The district forum fell into 

error in allowing the complaint, hence, the impugned order cannot sustain...the order is set aside...,” stated the bench of Justice Nawab Singh, president, and BM Bedi, judicial member of the commission.

The commission also ordered that the statutory amount of Rs 25,000 deposited at the time of the filing of the appeals be refunded to the appellants.  Zirakpur resident Dharmendra Thakur, who was taking treatment from Dr Thukral at her clinic and Alchemist Hospital, was given June 11, 2006, as the expected delivery date. In her complaint to the court, she had submitted that on June 10 she consumed milk and ghee on the advice of the doctor when she had labour. Thakur was admitted to the hospital on June 12 and was told that labour would continue till next day. 

But, when the applicant started bleeding, she requested for Dr Thukral, who did not turn up. The patient was further assured that nothing would happen till June 13 night. However, she had to be taken to the operation theatre on the said night when Dr Thukral arrived. Later, she was told that the baby died due to infection. However, the death certificate mentioned distress due to cord around neck as the cause of death.