Doctors leave cotton pad inside patient during C-section, Consumer Court asks CMC Vellore to pay Rs 15 lakh compensation

Nellore: Holding the Christian Medical College (CMC) and Hospital in Vellore guilty of medical negligence while conducting caesarean operation on a woman, the District Consumer Disputes Redressal Commission has recently ordered the hospital to pay Rs 15 lakh compensation.

While conducting the C-section operation back in 2015, the doctors allegedly left a cotton pad inside the body of the woman. Further the consumer court noted that the store records of CMC had been tampered.

Therefore, the hospital has been directed to pay the compensation within 45 days. If the hospital fails to do so, an interest of 9% shall be levied on the compensation amount.

The history of the matter goes back to November 27, 2015 when the concerned patient hailing from Anamasamudrampeta in Nellore district had been admitted to CMC Vellore for C-Section operation. 

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The matter goes back to 2015 when the concerned patient had undergone C-section operation at CMC Vellore for the delivery of her child. After the operation, she started experiencing severe stomach pain. Although she had approached several hospitals seeking treatment, she did not get any cure. Finally, the doctor of KIMS hospital diagnosed as Gossypibomaie acute intestinal obstruction (Small bowel obstruction).

It was submitted by the complainant that Dr. Krishna of KIMS Hospital, Nellore examined the reports and advised the patient to undergo operation. Doctors of KIMS conducted the endileostomy and diagnosed it as acute intestinal obstruction due to foreign body of 18 x 17 cm. They also found that the foreign body was a surgical mop used while conducting operation and it was allegedly the source of all the infection as it damaged the intestines.

Therefore, alleging that the doctors of CMC Vellore had negligently left the surgical mop inside her body, the patient approached the Consumer Court seeking a compensation of Rs 20 lakh. 

On the other hand, CMC Vellore denied all the allegations of negligence while conducting the Lower segment caesarean section. Referring to the hospital records, the the hospital claimed that the mop count at the time of closing the abdomen was correct and therefore, there was no chance of leaving the mop inside the patient's body. Further, the hospital submitted that the patient did not come back to the hospital for removing the suture and the postnatal check up.

After taking note of the submissions made by both the parties, the Consumer Court referred to the evidence of the KIMS hospital doctor. Referring to this, the Commission noted that "In the evidence of doctor P.W.2, it clearly revealed that 20 x 20 Cms tailed mob was found and it was removed by surgery. In Biopsy report filed through the advocate commissioner, clearly reveals that in Microscopic examination received a mass of cotton sponge measuring 18 x 17 cms and received small bowel measuring 22 cm in length, 6 cm in diameter...So, it clearly proves that surgical mop was kept in the body of the complainant while performing the caesarean operation by the opposite parties."

Apart from this, the Consumer Court also observed some anomalies in the Sponge Account Record and observed, "Further, Ex.B8 Sponge Account Record is a crucial document, filed by the opposite part-1. On keen perusal of the said Ex.B8 printed sheet there is two parts. First part contains printed matter in several rows containing several details and second part is having some writings and signatures etc. Out of which, in 7th row (1st part in column) it is clearly printed that sponge 9" x 9" six in bundle. But the number six was corrected and striked out and written as "5" in hand writing . So, we understand that the six number was corrected as 5, to cover up the laches of the opposite parties. The said remaining one mop has kept in the body of the complainant and sutured."

Thereafter, the consumer court referred to WHO recommendations regarding sponge count during operations and noted, "But as seen from the record, the opposite parties simply corrected the figures in the count sheet. As per discharge summary the complainant is having 100F,fever. When the patient is in fever condition, the opposite parties have to follow the said recommendations or intra-operative X rays have to be taken. But they did not done it. It is an admitted fact."

Taking cognizance of the suffering of the patient who had to roam across several hospitals to cure her problem arising after the C-section operation, the Commission noted,

"...we are of the considered view that the foreign body was left behind the body of the complainant, by the opposite parties hospital at the first instance only during caesarean operation and the doctrine of Res Ipsa Loquitur is also applicable in this case. After the surgery at opposite parties hospital, the complainant has not undergone any surgery, except taking treatment by way of medicines etc. from different hospitals. No foreign body directly enters into the human body. So, it clearly proves that during the surgery, the opposite parties kept the said surgical mop in the body of the complainant. So, the said circumstances, the negligence on the part of the opposite parties is proved."

Therefore, allowing the complaint in part, the consumer court directed CMC Vellore to pay Rs 15 lakh as compensation to the patient. In this regard, the order stated,

"In the result, the complaint is allowed in part and the opposite parties 1 and 2 are directed to pay a sum of Rs.15,00,000/- (Rupees Fifteen lakhs only) in all counts towards compensation and damages to the complainant The opposite parties 1 and 2 are also directed to pay a sum of Rs.5,000/- (Rupees five thousand only) towards the costs to the complainant."

"The opposite parties 1 and 2 are directed to comply the order within 45 days from the date of receipt of the order, in default the opposite parties 1 and 2 are directed to pay interest at 9% p.a. on the ordered amount of Rs.15,00,000/- from the date of receipt of the order," it further read.

To read the order, click on the link below:

https://medicaldialogues.in/pdf_upload/cmc-vellore-medical-negligence-189461.pdf

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