Rohtas Nursing Home at Dalmianagar in Rohtas. Picture by Sanjay Choudhary

Patna, Nov. 11: The apex consumer commission of the country has ordered two doctors from Rohtas to pay Rs 5 lakh as compensation to a man whose wife died following an allegedly botched-up abortion.

Dismissing appeal of the two doctors, who are also a couple, against the order issued by Bihar State Redressal Consumer Commission, National Consumer Disputes Redressal Commission has said that the termination of pregnancy was carried out in a clandestine manner, as the doctors did not show if the abortion was necessary at all.

The national commission headed by Justice V.R. Kingaonkar, in its order dated October 20, 2011, said the medicines prescribed by gynaecologist Dr Prabha Agarwal and her husband, Dr Om Prakash Lal, for their patient, 34-year-old Lalti, show that they were aware of the complications, which had occurred because of the abortion.

The couple run Rohtas Nursing Home at Dalmianagar in Rohtas district. Sources said Denwar village resident Kamkhya Singh had approached Agarwal in December 2001, as his wife had been suffering from abdominal pain because of her pregnancy. The gynaecologist prescribed some medicines but the patient’s pain increased after these were administered to her. Lalti was then advised to undergo abortion. After Agarwal performed the abortion, she refused to continue the treatment because of non-payment of dues to the hospital.

The patient was then taken to Patna Medical College and Hospital (PMCH). It was then revealed that the earlier operation performed by Agarwal had led to complications. Lalti died five days later at PMCH.

Singh filed a complaint with the Bihar State Redressal Consumer Commission. In the complaint, he said that he had lost his wife because of the negligent treatment of Agarwal and Lal.

The state consumer commission had directed the doctors to pay Singh Rs 5,10,000 as compensation, medical expenditure and cost of litigation. They had approached the national commission challenging the order of the state commission. The national commission upheld the order of the state body.

Singh told The Telegraph: “Initially, they denied that my wife was ever treated at their clinic. But I produced several slips and prescriptions issued by the doctors. The bench said the doctors had not maintained any record about the termination of pregnancy and they attempted to hush up the matter.”

In its order, the bench said: “The doctors tried to destroy the material evidence pertaining to treatment given to the patient Lalti Devi and as such have committed unfair medical practice, which is like medical negligence on their part.”

The doctors have, however, decided to challenge the order in Supreme Court.

“We have asked our counsel to procure the certified copy of the order. We will challenge the order of the National Consumer Disputes Redressal Commission in Supreme Court,” said Lal.

He added: “Our side was not put forth before the bench in a proper manner. As a result the verdict went against us.”