Gauze left inside abdomen during uterus surgery: Mohali hospital, surgeon slapped Rs 19.5 lakh compensation

Mohali: The District Consumer Disputes Redressal Commission, SAS Nagar Mohali, recently directed a Kharar-based hospital and its surgeon to pay Rs 19.5 lakh to a patient, who developed severe infection and underwent a second operation after treatment at the facility.

It was alleged that while undergoing a uterine surgery at the treating hospital, a cotton gauze piece was left inside the woman's abdomen. Due to this, the patient had to be operated upon for a second time, during which nearly 2.5 feet of her intestine had to be removed.

Holding the hospital and surgeon guilty, the Consumer Commission directed them to jointly pay Rs 9.25 lakh towards medical expenses, Rs 10 lakh as compensation for mental agony. Further, they were directed to pay Rs 25,000 towards the cost of litigation.

The history of the case goes back to 2020, when the patient, a 46-year-old woman, had approached the treating hospital in Kharar with the complaint of abdominal pain. Consequently, the treating surgeon performed the surgery on her on September 16, 2020.

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As per the latest media report by the Indian Express, despite undergoing the surgery, the patient's condition allegedly worsened after discharge and the pain persisted. After returning to Sonipat, the patient underwent another surgery on December 6, 2020, at a different hospital.

The Daily has reported that while conducting the second surgery, the treating doctors allegedly found that a large cotton gauze was left inside the patient's abdomen during the first surgery. The gauze had reportedly caused a severe infection, and to prevent the infection from spreading, the doctors had to remove nearly 2.5 feet of the patient's intestine. Apart from this, the patient also had to be equipped with a stool bag for a period of time.

While considering the matter, the District Consumer Court noted that leaving the cotton material inside the patient's body during the operation amounted to serious medical negligence.

Accordingly, it directed the treating hospital and doctor to reimburse Rs 9.25 lakh as medical expenses within 45 days, along with 9 per cent annual interest from December 1, 2020. DCDRC clarified in the order that if the payment is not made within the stipulated time period, the hospital and doctor would be liable to pay interest at 12 per cent per annum.

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