Maharashtra consumer court slaps Rs 12.7 lakh compensation on 2 doctors for leaving surgical mop inside patient during caesarean

Case Background: 

The history of the case goes back to 2022 when the patient was admitted to the treating hospital for her delivery. The treating doctors performed a Caesarean section and subsequently, she reported a sensation of something remaining inside her abdomen and complained of pain. Additionally, she experienced vomiting and the inability to keep food down. However, the treating doctor allegedly attributed the symptoms to trapped gas and discharged the patient.

Since the patient did not get any relief at home and the discomfort continued to worsen, she reported the same to the doctor during the check-up. When she informed the treating doctor about a sensation of a lump in the abdomen, the doctor again attributed it to the sensation of trapped gas. Getting no relief from the symptoms, which also included fever and chills, the complainant visited another hospital, where the treating doctor immediately performed a sonography and laboratory tests. The report indicated the presence of a foreign object in the abdomen. To confirm the diagnosis, a CT scan was advised, and after reviewing both reports, the doctor at the second hospital determined that a surgical mpp had been left inside the abdomen during the C-section, which the complainant underwent earlier, resulting in a collection of blood in the surrounding area.

Noting the critical nature of the situation, the doctor immediately referred the patient to another hospital, where she had to undergo surgery, during which approximately 3 litres of pus and an abdominal mop were removed from the complainant's abdomen. Due to the prolonged medical treatment, the patient started suffering from haemorrhoids and had to undergo treatment for the same.

Allegedly, due to the medical negligence during the C-section surgery, the complainant suffered from persistent abdominal pain and is unable to work. Filing the medical negligence complaint, the complainant demanded compensation from the first treating hospital and its doctors.

Observations by Consumer Court: 

The District Consumer Court perused the details of the case, along with the discharge summary from the first treating hospital, reports of various medical tests conducted at the second hospital, including the sonography report, which mentioned the presence of significant intra-abdominal fluid collection with internal echoes.

Further, the Commission observed that the CT Scan report mentioned the presence of a foreign body- specifically, a gossypiboma (a retained surgical sponge or gauze left inside the body of the patient after surgery).

The Commission noted that to substantiate the claim that a surgical mop was later removed at a different hospital, the Complainant submitted the discharge summary from the said hospital, along with the operative notes of the treating surgeon. 

Taking note of this, the Commission observed that it established that while the complainant was undergoing a Caesarean Section at the first treating hospital, the said abdominal mop was left inside the complainant's abdomen by the doctors at the facility. Furthermore, when the doctor who performed the subsequent surgery testified regarding the complainant's claim that a mop was removed during the operation.

Due to the mop remaining in her abdomen following the Caesarean section, the complainant began suffering from abdominal pain and other complications, noted the Commission. Further, it observed that when the complainant approached the treating doctor, he ignored her concerns. 

According to the Commission, had the treating doctor paid attention to the complaints of the patient and performed a sonography while removing the C-section stitches, he would have realized his error. However, he failed to exercise even that basic level of care, noted the Commission.

Accordingly, the District Commission concluded that it was indisputably established that the treating doctor was negligent in the medical treatment provided to the complainant. 

Taking into account the photographs submitted by the complainant of the said mop and approximately three litres of pus removed from her abdomen, the Commission held that after viewing these, any prudent person would conclude that the treating doctor demonstrated gross negligence in the medical treatment. Therefore, the doctor and the hospital were liable to pay compensation to the complainant, concluded the Commission.

Holding that the treating doctor was negligent in the medical treatment, the District Consumer Court further observed that due to the negligence, the complainant had to endure unbearable physical pain. She suffered significant physical pain, was unable to breastfeed her newborn, which is essential for a newborn's immunity for the future.

Additionally, it held that it is impossible to predict what physical complications she might face in the future due to the presence of the abdominal mop inside the abdomen, which affected her intestines.

Therefore, the Commission directed two treating doctors each to pay the complainant Rs 5 lakh as compensation for physical and mental agony. Further, they were directed to jointly and severally pay Rs 2,68,000 (Rs 33,000 for C-section and Rs 2,35,000 for the surgery performed at the second hospital).

To view the order, click on the link below:

https://medicaldialogues.in/pdf_upload/2026/07/07/nashik-dcdrc-358180.pdf

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