Failure to diagnose fetal deformity, doctor couple to pay compensation

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The Consumer Forum of Jammu recently passed an order directing a doctor couple to pay compensation of Rs 36 lakhs to complainants for failing to diagnose fetal deformity in time and for being guilty of carrying out ultrasound without expertise as per MCI norms.

A lady visited an Udhampur-based nursing home having an ultrasound center, during her pregnancy, which was being run by the doctor couple. The lady was given a report after every test stating that the fetus was developing normally.

The baby was later diagnosed with a brain-related disease following which the parents approached the Consumer Forum against the two doctors. They claimed that as the deformity was missed, the mother could not undergo termination of pregnancy and at a later stage, termination was neither advisable nor permissible. She, thus, had to give birth to a child who needs nursing and attention round the clock, throughout the life.

The complainant informed that experts and qualified radiologists, consulted in this regard, confirmed that the fetus in womb suffered from hydrocephalus disease and it could be detected earlier if the doctors were experienced and suitably qualified.

The Consumer Court sought the opinion of a qualified and renowned radiologist, Dr Manisha Langer, who told the commission that myelomeningocele can be detected by ultrasound within 15 to 16 weeks of pregnancy and the detection rate improves after 24 to 25 weeks. However, this was not so in this case.

The Consumer Commission, on the basis of the merits of the case, passed an order, directing the two doctors to collectively pay a compensation of Rs 36 lakhs to the complainant.