In the beginning, the hospital authorities didn't choose to contest the matter and remained. Consequently, the District Commission had directed the hospital authorities to pay Rs 2,20,000 as the amount spent by the complainant and another Rs 4 lakh towards compensation. However, aggrieved by the order, the hospital and the doctor had approached the State Commission and the Commission was pleased to remand the matter with a direction to conduct fresh giving opportunity to both parties to adduce their evidence.
Following this, the hospital and doctor contested the claims of the complainant and claimed that there was no negligence on their part had treated the complainant with due diligence and with utmost care and followed the established norms.
The doctor stated that due to (LSCS) was done and after the birth of the baby the placenta with intact membranes was removed completely and abdomen was closed in layers. Started intravenously IV fluids and antibiotics. She had developed fever at 10am she was given Paracetamol and cold sponge was done, then fever subsides. Again she was getting intermittent fever, then the doctors did investigations and all reports are normal except her levels are low. The patient was continued with Antibiotics and also started Anti-Malarial treatment. Initially, blood transfusion was planned but due to intermittent fever, blood transfusion was not given. Injection was given with normal Saline. The urine catheter was removed and started with soft diet.
In fact, the hospital and the doctor have further pointed out that even though they were unwilling to discharge the patient due to intermittent fever, as the patient and her attendants demanded for discharge, LAMA was given. It has further been submitted that the hospital staff had inquired about the patient and the patient had visited the hospital again for the removal of sutures and at that time no wound infection was noticed.
The gynecologist had advised the patient to consult a physician as she opined that the fever was related to surgery, they claimed.
Pointing out that it takes around 5 weeks or the uterus cavity to regress to its normal state, the doctor and the hospital contended that in case of any "Retained Products of Conception" found, the doctors should have done D & C operations records show no such surgery was conducted the patient was managed by medically, and the allegations of the complainant are totally incorrect and appears as misconceptions.
After listening to the contentions of both the sides, the Commission also perused all the relevant materials. Taking note of the Ultrasound Scan report of the whole abdomen, the Commission noted that the report mentioned as not completely cleaned and fluid and blood pieces were found, due to which infection was caused'. The Consumer court also noted that there was no rebuttal observation by the hospital and doctor. This resulted in infection and the patient had continuous fever for some time. When the Complainant approached the Consumer Court, the Commission took note of the Ultrasound Scan report of the whole abdomen, which mentioned, ""after delivery, the stomach was not completely cleaned and fluid and blood pieces were found, due to which infection was caused'.
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