Surgery performed without basic critical care facilities, Ventilator- Hospital, Doctors slapped Rs 10 lakh compensation

Hyderabad: The District Consumer Disputes Redressal Commission-1 at Hyderabad has directed Secunderabad-based hospital and three of its doctors to pay Rs 10 lakh as compensation to the family of a patient, who died after undergoing a hysterectomy surgery in August 2021.

Noting that the hospital and the doctors had performed the surgery without basic critical care facilities like a ventilator, the District Consumer Court, Hyderabad, held them guilty of medical negligence and deficiency in service.

The consumer complaint was filed by the deceased patient's husband, who alleged medical negligence against the treating hospital and its three doctors. It was alleged by the complainant that immediately after the surgery, the treating doctors had informed him that his wife had suffered a stroke and was not breathing.

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As per the latest media report by Deccan Chronicle, the treating hospital and the doctors suggested shifting her to another hospital, which was farther than other super-speciality hospitals. However, the complainant argued that the operating doctors were not gynaecologists, and the hospital did not have the required infrastructure and equipment for such a major surgery.

Consequently, the hospital decided to move the patient to another hospital in Ameerpet using a self-assisting breathing device. However, by the time the patient reached the second hospital, her condition had already worsened. Even though the patient was placed on a ventilator at the second hospital, she died the next day due to a cardiac arrest.

Apart from filing the consumer complaint, the family of the deceased patient had also approached the police and the DMHO soon after the incident and later had filed a plea in the Telangana High Court when they felt the inquiries were going nowhere.

While considering the matter, the District Consumer Court relied heavily on the reports from the District Medical and Health Officer (DMHO) and the expert opinions from Gandhi Hospital doctors. Expert medical opinions had confirmed that a delayed recovery from anaesthesia had likely led to the respiratory failure. However, it had not found any neurological cause of death. It was also found that the hospital had allowed doctors not listed in its official records to perform surgeries. 

The Consumer Court noted that when the patient had developed hypoxia, which is a dangerous condition caused by a lack of oxygen, and stopped breathing soon after surgery, the hospital could not provide immediate ventilator support. It also took note of the fact that the hospital did not have a fully-equipped ambulance and had no ramp or proper lift to shift the patient on a stretcher.

Earlier, while considering the matter, the HC bench had questioned the non-availability of a ventilator and the administration of anaesthesia. However, the Commission noted that there was no record of these queries being answered.

It was observed by the Consumer Court that the hospital and the treating doctors had failed on many counts, as they had conducted a major surgery without having a mechanical ventilator to support the patient post-operation.

Apart from this, the consumer forum also applied the principle of 'res ipsa loquitor', stating that the circumstances pointed to negligence. Accordingly, holding the hospital and its three doctors guilty of medical negligence, the Consumer Court directed them to pay Rs 10 lakh compensation and Rs 50,000 towards legal costs. 

They were given 45 days to comply with the order, and the Commission specified that failing to pay the amount within the specified time would attract an interest of six per cent per annum.

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