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Perineal tear during Forceps Delivery, lack of Post-partum care: NCDRC slaps Rs 8 lakh compensation on Gynecologist

New Delhi: Holding negligence against the treating Gynecologist in providing Post-partum care to a patient who lost her control over passing urine and stool following forceps delivery, the National Consumer Disputes Redressal Commission (NCDRC) directed the treating doctors to pay Rs 8 lakh as compensation to the patient, as the State Commission had earlier directed.During the forceps...
New Delhi: Holding negligence against the treating Gynecologist in providing Post-partum care to a patient who lost her control over passing urine and stool following forceps delivery, the National Consumer Disputes Redressal Commission (NCDRC) directed the treating doctors to pay Rs 8 lakh as compensation to the patient, as the State Commission had earlier directed.
During the forceps delivery, the patient had developed 4th degree perineal tear and due to the lack of post-partum care, she also lost her chance of normal vaginal delivery in future, the NCDRC bench held.
"It is pertinent to note that the patient was a young woman and in primi gravida (first pregnancy). She, after delivery, for her sufferings ran from pillar to post to various hospitals in Raipur and Mumbai. In the present case, the patient developed 4th degree perineal tear after forceps delivery, which squarely attributed to the failure of duty of care, thus, medical negligence. Also, she did not get post-partum care as per accepted reasonable standards. Moreover, we cannot ignore sufferings of the patient, physical and mental trauma, in addition she lost her chance for normal (vaginal) delivery in future," read the order.
The history of the case goes back to 2013 when the complainant had approached Dr. Vartika Mishra for childbirth. Dr. Mishra conducted forceps delivery resulting in 4th degree tear in the perineum i.e. the area between vaginal canal and anus. The complainant alleged that the doctor had stitched the skin only without muscle repair and as a result the patient lost her control over passing the urine and stool.
Following this, the patient approached another doctor at Raipur, who performed Sigmoidoscopy and diagnosed 'poor tone' and 'very poor anal squeeze'. Later, the patient approached several other doctors including a Gastroeterologist at Jaslok Hospital, Mumbai, who carried out ano-rectal Manomerty confirming 'weak sqeeze' of anus. MRI was also conducted which showed thinning of the internal and external anal sphincter.
Later, the patient got operated by doctors at a Bombay Hospital for Perineorrhaphy with repair of sphincters and was discharged on 04.01.2014. However, the patient did not get complete recovery. It was alleged that she was deprived of marital happiness for 2 years and lost her the chance for normal delivery in future. Aggrieved the complainant approached the State Commission claiming Rs 35 lakhs as compensation.
M.A
Barsha completed her MA from the University of Burdwan, West Bengal in 2018. Having a knack for Journalism she joined Medical Dialogues back in 2020. She mainly covers news about medico legal cases, NMC/DCI updates, medical education issues including the latest updates about medical and dental colleges in India. She can be contacted at editorial@medicaldialogues.in.