Needle Left in Abdomen During Surgery: Consumer Court Directs Bengaluru Hospital, Doctors to Pay Rs 5 Lakh Compensation to patient
Bengaluru: The State Consumer Disputes Redressal Commission, Karnataka, recently directed a Bengaluru-based hospital and its two doctors to pay Rs 5 lakh compensation to a patient for leaving a 3.2-centimetre surgical needle inside her body while conducting a Hernia and Appendix surgery.
While considering the complaint filed by the patient, the Karnataka State Consumer Court observed that after the surgery of Hernia and Appendix in the year 2004, the complainant did not undergo any surgery between 2004 and 2010, when she was admitted for removal of the said foreign body at a Private Hospital in Bengaluru.
"Therefore it is clear case that the surgical needle was left in the abdomen portion of the complainant while performing Hernia and Appendix surgery. It is a clear case of Res ipsa loquitur," observed the consumer court.
Apart from the compensation of Rs 5 lakh, the Karnataka State Consumer Disputes Redressal Commission has also directed the hospital and two doctors to pay the patient, a resident of Jayanagar, Rs 50,000 as litigation expenses.
The Commission directed the New India Assurance Co Ltd, which had issued a policy covering hospital expenses, to pay the compensation amount of Rs 5 lakh to the patient for medical negligence.
The history of the case goes back to 2004. Back then the 32-year-old woman underwent the surgery on September 29, 2004, at the Deepak Hospital, with the two doctors allegedly performing the hernia operation. On completion of the surgery, her appendix was also removed, according to the Commission's order last month.
Immediately, on the next day, she complained of severe pain for which she was prescribed some painkillers and assured that it was post-surgery discomfort and that it would be cured. She suffered acute stomach and back pain for several years and was also admitted to the same hospital twice later, the order noted.
Consequently, the patient later approached another private hospital in 2010 and during a scan, it was noticed that some foreign body existed in the abdominal and back portion of her body and it was suggested to her to get it (surgical needle) removed. She then underwent surgery and the 3.2 cm surgical needle was removed following which she approached the consumer forum with a complaint the following year.
Holding it to be a clear case of Res ipsa loquitur, the consumer court observed,
"Due to presence of the said surgical needle, the complainant suffered lot of pain and inconveniences for all these years i.e. from 2004 to 2010 and she spent huge amount for recovery from the said pain. Therefore, the Opposite Parties No.1 to 3 are liable to pay compensation for negligently performing the surgery in the year 2004. The 1st Opposite Party hospital had produced insurance policy issued by the 5th Opposite Party Company which covers the professional negligence and medical negligence during the course of surgeries by institution itself. When such being the case, being an indemnifier of all negligence, the Opposite Party No.5 is liable to pay compensation."
The forum noted that
"...the complainant was aged about 32 years, when she underwent all these surgeries and removal of the said surgical needle definitely she suffered severe pain and inconvenience till removal of the surgical needle. Hence, she is entitled to get global compensation of Rs.5.00 lakhs (Rs.Five lakhs) and the Opposite Party No.5 is being an Insurance Company of the 1st Opposite Party hospital is liable to pay the above said amount. Further the Opposite Parties No.1 to 3 are liable to pay litigation expenses of Rs.50,000/- to the complainant."
"Further the Opposite Parties Nos.1 to 3 and 5 is directed to comply the above order within 30 days from the date of receipt of this order. Failing which, the payable amount shall carry interest @12% p.a. from the date of default till realization," the order further stated.
To view the order, click on the link below:
https://medicaldialogues.in/pdf_upload/rs-5-l-compensation-245063.pdf
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