Broken needle left inside patient during Episiotomy: Commission directs MGMRI to pay Rs 12.25 lakh compensation
Cuddalore: Observing that entering into an agreement for free treatment after causing injury to the patient, will in no way alter or change the liability on the hospital and their team of doctors, the District Consumer Disputes Redressal Commission (DCDRC) has directed the Mahatma Gandhi Medical College and Research Institute (MGMCRI) to pay Rs 12 lakh as compensation for alleged medical negligence while performing an episiotomy.
Besides, a sum of Rs 25,000 was also awarded by the forum to the complainant as legal expenses.
The Commission headed by president and Judge D. Gopinath held the hospital liable for unfair trade practices and medical negligence leading to deficiency in services.
The case concerned a 36-year old woman of Cuddalore who gave birth to a baby boy on December 11, 2016 in the private medical college hospital in Puducherry. In her petition, the complainant Santhi, registered that the broken part of a needle was left inside her body after an episiotomy was done on her at the time of her delivery by a team headed by a gynaecologist in MGMCH & RI.
Thereafter, citing some complications, the baby was moved to an intensive care unit, and the woman and family members were allegedly barred from seeing the baby.
On December 13, 2016, an x-ray report revealed that a part of the needle, which was broken, was nestled in the woman's perineum. The hospital doctors tried to remove the needle but in vain. Later, they informed the petitioner that they will operate and remove the needle after three months.
As per various media accounts, the hospital authorities while discharging the complainant also executed an agreement with her family that they will provide free treatment and medical expenses at the hospital for removing the needle and if any pain or discomfort arises to the complainant, she could approach them for free treatment and management.
Aggrieved, the petitioner filed a complaint before the DCDRC in Cuddalore. On the other hand, the hospital in its submission held that it was only an accident and not an act of negligence.
MGMCH & RI, while admitting that a small part of the needle was lodged in the perineum of the woman, said the needle was not traceable during the subsequent surgery due to inflammation in the area. The surgical team decided to leave the piece of needle temporarily to avoid more damage to the reproductive organs. The hospital, which claimed that the patient and relatives were explained about the situation, said the issue could be sorted out only after a period of three months, reports TOI
The Commission noted that a doctor has the ‘duty of care’ while treating his patients, and if any injury happens to the patient while treatment, it is the duty of the doctor to explain how the injury happened. However, in the instant case the hospital has not explained how the injury occurred and has not produced any medical records, the forum added.
The Commission also held that entering into an agreement for free treatment after causing injury to the patient, will in no way alter or change the liability on the hospital and their team of doctors.
Consequently, the Commission directed the hospital to pay Rs 12.25 lakh in compensation for medical negligence, unfair trade practices, and for causing pain, suffering, and mental agony to the complainant, reports The Hindu.
