The Assam State Consumer Disputes Redressal Commission has held a medical clinic and a doctor liable for medical negligence and deficiency of service, directing them to pay Rs 40 lakh to the family of a woman who allegedly died of complications after undergoing a C-section surgery to give birth to her second child in 2010.President Justice Malasri Nandi and members Chandan Das, Pratim Kumar Bora and Tapas Kumar Ghosh were hearing a plea filed by the husband and his two daughters against the clinic and the doctor, accusing them of medical negligence and deficiency of service which led to the death of the woman due to multi-organ failure.Besides ordering a relief of nearly Rs 30 lakh, the commission held that “losing of mother by her children were hard enough. The husband also lost his wife. We therefore allow additional compensation of Rs 10,00,000 only to be paid to the complainants…as punitive damage along with cost of litigation amounting to Rs 20,000”.The man alleged that his wife died on October 2, 2010, because of “gross” negligence and “recklessness” on the part of the clinic and the doctor which caused her to experience huge blood loss during the Caesarean section or C-section performed by the doctor. The blood loss allegedly led to systemic clotting, which did not allow blood flow to the organs and ultimately caused multi-organ failure.He said his wife had conceived in February 2010 and used to visit the clinic and the doctor for regular consultation for her pregnancy. He added that her ultrasound reports indicated that the placenta, a foetal support organ, was attached to the front wall of the uterus and partially or completely covered the cervix.Also Read | ‘Chest, breast synonymous’: Kerala High Court upholds guilt for minor boy’s assaultThe husband claimed that the condition, along with her medical history, would have normally led a doctor to conclude that this was a complication and the placenta, instead of detaching normally after childbirth, would remain firmly stuck, posing a major risk of life-threatening heavy bleeding. He, however, said that the clinic and the doctor failed to prepare for such expected complications during the delivery and did not take appropriate care or precautions.Further, the husband claimed that as per the standard practice in surgical complications, the surgeon concerned must work closely with the anaesthetist regarding the number of units of blood required before the surgery, which is a minimum of four units. It came on record that despite being aware of his wife’s condition, the doctor advised her to get admitted to the clinic on September 30, 2010, for an immediate C-section surgery with just one unit of blood.Story continues below this adOn October 1, 2010, the wife was operated upon, and suffered from excessive bleeding during the delivery, but the blood loss could not be controlled or replaced, he said. Another doctor was called in to surgically remove the entire uterus and the cervix. The husband alleged that the woman’s condition deteriorated and she was transferred to another hospital where she died. Later, he moved the consumer commission claiming a compensation of Rs 87 lakh.‘No negligence’Senior Advocate Z Kamar and advocate B Talukdar, appearing on behalf of the clinic and the doctor, argued that on September 30, after seeing the ultrasound report, the wife was advised to take immediate admission and undergo a C-section delivery. However, she did not admit herself immediately and came in the next morning.The counsel claimed the couple was informed about the risk factors associated with the surgery, including the risk of hysterectomy and non-availability of the blood bank on the premises, apart from one unit of blood arranged before the surgery.The counsel stated that considering the woman’s condition, all doctors who may have been required in the surgery were kept ready on call. It was claimed that the bleeding was fully under control after the hysterectomy and 10 units of blood were arranged without any delay.Story continues below this adThe clinic claimed that the woman’s vitals were stable throughout the procedure. Later, because of continuous increased heart rate, she was transferred to another hospital where she developed blood clotting and multi-organ failure.Appearing for the second hospital, advocate D Baruah stated that at the time of admission, the woman was bleeding profusely, and despite maximum medical support, blood transfusion and all possible emergency measures, she could not be revived. He said there was no negligence or service deficiency on the part of the doctors.Advocate U J Saikia appeared for the husband and his daughters.Bald denial: CommissionThe state commission noted that though the clinic, the doctors and the hospital submitted their written statements in the matter, they failed to examine any witness or present any document to prove their defence. It stated that in the absence of any supporting evidence, “such bald denial by the opposite parties regarding medical negligence…cannot be accepted”.Story continues below this adAlso Read | Police protection for criminal case accused sends wrong signal: Allahabad High CourtThe commission observed that the woman was 36 years old at the time of her death and, according to the husband, she ran a business and submitted income tax returns. The commission said that even if she was only a homemaker, the clinic and doctor must pay compensation in the form of at least the minimum wages in Assam.Assuming that “she would be able to work till the age of 60 years when she would reach the retirement age as per the government employees”, the clinic and the doctor should pay compensation of Rs 400 per day for 26 working days in a month for 24 years, amounting to Rs 29.95 lakh, it held.They were also ordered to pay an additional compensation of Rs 10 lakh as “punitive damage” along with litigation costs of Rs 20,000. The amounts were directed to be paid in 60 days.TakeawayThe ruling establishes the obligation of medical professionals to ensure proper treatment of their patients. It also emphasises that doctors must be prepared for foreseeable childbirth complications, and unsupported denials cannot defeat a medical negligence claim.Story continues below this adFor consumer-related grievances, individuals may contact the consumer helpline in their respective states and union territories (Assam: 1800-3453-611) or call the National Consumer Helpline at 1915 for assistance.