Complications due to accidental nerve cut during surgery: Gynaecologist, hospital told to pay Rs 6 lakh compensation

The petitioner alleged that her condition kept on deteriorating after her delivery due to the negligence of the doctor and the hospital. The petitioner also mentioned the report of the medical board which indicated that a nerve in the patient's abdomen was mistakenly cut by the doctor, leading to her health complication. 

According to a Millenium Post, the counsel for the petitioner submitted that the petitioner was pregnant and she was admitted to a District Hospital in 2016. After examining the patient, the gynecologist advised her to get admitted to another private facility. Following the advice of the doctor, she took admission at the private facility on October 13th and the same gynecologist conducted surgery on her and delivered her baby girl.

However, after the operation, the health of the mother started declining rapidly. The doctor suggested that she should be referred back to the district hospital for better treatment.

But her condition did not show any improvement after which she had to be referred to RG Kar hospital in Kolkata. She was under treatment in the very facility for 47 days after which her condition improved and finally, she was released from her hospital. 

Millennium Post reports that the medical board comprising experts in R G Kar Hospital informed her husband that a nerve in her abdomen was mistakenly cut by the doctor, leading to the complication. After returning to Balurghat, the patient lodged a written complaint against the doctor and the hospital for medical negligence on March 13, 2018, before the District Consumer Court.

After considering the submission of both the parties, the consumer forum found that the allegations were not groundless and held the doctor and the hospital guilty of medical negligence.

A 3-member justice bench comprising judges Shyam Prakash Rajak, Rumki Samajdar and Ashok Kanti Sarkar pronounced the verdict and instructed the accused doctor to pay Rs 5 lakh and the private facility to pay Rs 1 lakh as compensation to the patient for their negligence in providing treatment. "In addition to this, the private facility will have to pay Rs 10,000 as litigation cost to be paid within 45 days from the verdict," added the court.