Consumer Court slaps Rs 35 lakh compensation for medical negligence in C-sections

As per a recent media report in The Times of India, the first case, adjudicated on May 22, involved a 26-year-old woman who alleged she had received spinal anaesthesia on the wrong nerve during a C-section performed in September 2022. Following the procedure, she began suffering from ongoing physical impairments, including difficulty walking, sitting, and performing routine activities. Later scans showed the presence of disc bulges.

The commission found that the spinal anaesthesia had been negligently administered, concluding that the healthcare professionals involved were guilty of deficiency in service.

Accordingly, the commission directed the concerned parties to pay Rs 30 lakh as compensation for the harm caused, and Rs 15,000 to cover legal costs, reports TOI.

Also Read: Disability Due to Medical Negligence, Hospital, Doctors Slapped Rs 20 Lakh Compensation

The second case, a woman who underwent a C-section in February 2018 at a local Trichy clinic experienced chronic abdominal discomfort that persisted well after the surgery. It wasn't until nearly a year later that diagnostic imaging identified the cause: a 26x6 mm hypoechoic tract in the subcutaneous layer due to a retained non-absorbable Prolene suture. She subsequently underwent corrective surgery in April 2019, involving scar excision and sinus tract exploration to remove the suture material.

In its ruling dated May 23, the consumer commission determined that the attending medical staff had failed to ensure complete closure of the surgical wound and did not provide sufficient post-operative care. This was deemed a case of medical negligence and deficiency in service under the Consumer Protection Act, 2019.

As a result, the clinic was ordered to compensate the complainant with Rs 5 lakh for medical negligence, Rs 52,000 to cover medical and surgical costs, and Rs 10,000 as litigation expenses.