Fever Caused by Post-Caesarian Infection: Consumer Court directs Hospital, Gynecologist to pay compensation, medical expenses

This resulted in infection and the patient had continuous fever for some time. When the Complainant approached the Consumer Court, the Commission took note of the Ultrasound Scan report of the whole abdomen, which mentioned, ""after delivery, the stomach was not completely cleaned and fluid and blood pieces were found, due to which infection was caused'.

"In the said circumstances, we are of the considered opinion that due to the laxity of the Opposite Parties, after the caesarean the stomach was not completely cleaned and fluid and blood pieces were found, due to which infection was caused and as such had high temperature which was later controlled after been treated at Raghavendra and Jayakrishna hospitals," observed the Commission.

Holding the doctor and hospital guilty, the Commission directed them to pay the complainant jointly and severally an amount of Rs 2,20,000 towards medical expenses and an amount of Rs 2 lakhs towards compensation. Further, the commission directed them to pay another Rs 10,000 for costs of complaint.

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The case goes back to 2013 when the complainant was admitted to the treating hospital for the delivery of her child and caesarean operation was performed for that and a female baby was born. The complainant alleged that all of a sudden the treating gynecologist left the hospital stating the reason to drop her children to school and instructed the sisters to attend the cleaning.

It had been further submitted that the Complainant was shifted to a room in a profusely sweating condition and when she was shifted to the general ward, she had 102 degree centigrade fever. Medicines, injections and sponging were advised, however, the fever didn't subside.

Consequently, the treating gynecologist advised for fever profile test done and everything was normal and following that 3 days malaria course and 3 days of injection courses were also done. However, as the fever continued, the complainant was referred to a second doctor who during scanning detected that after the delivery the stomach was not completely cleaned and fluid and blood pieces were found, due to which infection was caused.

In fact, the second doctor allegedly informed the complainant that it could affect her heart, liver and kidneys after some days. Later, the complainant consulted another gynecologist and she advised for re-surgery but also opined that due to low hemoglobin count, the patient could possibly go into coma.

Later, the complainant got shifted to another hospital where the doctor admitted her with an undertaking that as the condition of the patient was serious, the doctors should not be held responsible for any untoward incident. The MRI scanning done on 26.08.2013 showed presence of blood pieces and fluid in the patient's stomach and the temperature went upto 106 degrees centigrade. However, later as the doctors could control fever and the haemoglobin rose upto 8.5 mg after blood transfusion doctors avoided re-surgery and continued medicines and on the date of the complaint also, the complainant was still on constant medication.

Claiming that even the authorities of the first hospital had admitted the mistake and had assured that justice would be done, the complainant sought Rs 2,20,000 compensation towards medical expenditure and another 5 lakh rupees for loss of health, money and causing mental agony.

In the beginning, the hospital authorities didn't choose to contest the matter and remained exparte. Consequently, the District Commission had directed the hospital authorities to pay Rs 2,20,000 as the amount spent by the complainant and another Rs 4 lakh towards compensation. However, aggrieved by the order, the hospital and the doctor had approached the State Commission and the Commission was pleased to remand the matter with a direction to conduct fresh enquiry by giving opportunity to both parties to adduce their evidence.

Following this, the hospital and doctor contested the claims of the complainant and claimed that there was no negligence on their part and they had treated the complainant with due diligence and with utmost care and followed the established norms.

The doctor stated that due to "foetal distress" emergency "Caesarean Section" (LSCS) was done and after the birth of the baby, the placenta with intact membranes was removed completely and abdomen was closed in layers. Post operatively, the patient was started intravenously IV fluids and antibiotics. She had developed fever at 10 am and she was given Paracetamol and cold sponge was done, then fever subsides. Again she was getting intermittent fever, then the doctors did investigations and all reports are normal except her Haemoglobin levels are bit low. The patient was continued with Antibiotics and also started Anti-Malarial treatment. Initially, blood transfusion was planned but due to intermittent fever, blood transfusion was not given. However, inj. Orofer S injection was given with normal Saline. The urine catheter of the patient was removed and patient started with soft diet.

In fact, the hospital and the doctor have further pointed out that even though they were unwilling to discharge the patient due to intermittent fever, as the patient and her attendants demanded for discharge, LAMA was given. It has further been submitted that the hospital staff had inquired about the patient and the patient had visited the hospital again for the removal of sutures and at that time no wound infection was noticed.

The gynecologist had advised the patient to consult a physician as she opined that the fever was related to surgery, they claimed.

Further pointing out that it takes around 5 weeks or the uterus cavity to regress to its normal state, the doctor and the hospital contended that in case of any "Retained Products of Conception (RPOC)" found, the doctors should have done D & C operations but records show no such surgery was conducted and the patient was managed by medically, and the allegations of the complainant are totally incorrect and appears as misconceptions.

After listening to the contentions of both the sides, the Commission also perused all the relevant materials. Taking note of the Ultrasound Scan report of the whole abdomen, the Commission noted that the report mentioned, "after delivery, the stomach was not completely cleaned and fluid and blood pieces were found, due to which infection was caused'. The Consumer court also noted that there was no rebuttal on this observation by the hospital and doctor.

Besides the commission also took note of the fact that the admission case record differs from what the treating doctor and hospital had claimed and noted, "In the said circumstances, we are of the considered opinion that due to the laxity of the Opposite Parties, after the caesarean the stomach was not completely cleaned and fluid and blood pieces were found, due to which infection was caused and as such had high temperature which was later controlled after been treated at Raghavendra and Jayakrishna hospitals."

"This indicates that the Opposite Parties were negligent in discharging their duties while rendering services to the complainant which constrained the complainant to approach the other hospitals and got the treatment by incurring additional expenditure. As such, the Opposite Parties are liable to reimburse the expenses incurred by the complainant for getting the treatment at other hospitals and as well liable to compensate the complainant for the pain, suffering and mental agony and as well liable to pay costs," opined the consumer court.

Thus partly allowing the complaint the District Consumer Court directed the Hospital and the treating Gynecologist to pay the complainant jointly and severally an amount of Rs 2,20,000 towards medical expenses and an amount of Rs 2 lakhs towards compensation. Further, the commission directed them to pay another Rs 10,000 for costs of complaint.

To read the Commission order, click on the link below.