Persistent pain, bleeding after c-section: Gynaecologist, hospital slapped Rs 3 lakh compensation for negligence, failure to follow medical protocol

Yamuna Nagar: The District Consumer Disputes Redressal Commission, Yamuna Nagar, Haryana, held a gynaecologist and a hospital liable for medical negligence after a patient continued to suffer abdominal pain and bleeding for several months following a Caesarean delivery.

The Commission found that the treating doctor had failed to perform necessary investigations despite the patient's persistent complaints and directed the doctor and hospital to pay Rs 3 lakh as compensation, along with Rs 11,000 towards litigation expenses.

According to a report by The Indian Express, the case concerned a patient who delivered a baby girl through a Caesarean section on February 19, 2022. She alleged that she continued to suffer abdominal pain and bleeding after being discharged on February 21, 2022.

The patient claimed that she repeatedly approached the treating doctor with complaints of persistent pain and bleeding. However, despite several follow-up visits, her condition did not improve. Subsequent medical examinations reportedly revealed retained products of conception and blood clots in her uterus.

On June 4, 2022, she underwent a dilation and curettage (D&C) procedure at the same hospital. However, according to the complaint, she continued to suffer from pain and bleeding even after the procedure.

As her symptoms persisted, she sought treatment at another hospital in Gurugram, where she underwent another procedure on September 9, 2022.

The patient subsequently approached the Consumer Commission, alleging that the doctor and hospital had failed to follow proper medical protocols and provide suitable postoperative care. She sought compensation for the medical expenses incurred, mental agony and future treatment.

The doctor and hospital denied the allegations of negligence. They maintained that the Caesarean delivery and subsequent treatment had been carried out in accordance with standard medical practices.

They also disputed the medical reports relied upon by the complainant and sought dismissal of the complaint.

After examining the medical records and submissions, the Commission found that the treating doctor had failed to adequately investigate the woman's continuing complaints of abdominal pain and bleeding following the Caesarean section.

It noted that despite the persistence of symptoms, the doctor had not advised investigations such as an ultrasound examination to identify the cause.

As quoted by The Indian Express, the Commission observed:

“It is a matter of common sense that, since the same doctor conducted the surgery during the pregnancy on the complainant, it was very easy for the doctor to detect the cause of pain and bleeding, and definitely, it can only be determined by way of ultrasound scan, etc, but the same was not prescribed by the doctor concerned,”

The Commission also examined the defence put forward by the hospital and found inconsistencies in its account of the complainant's follow-up treatment.

Although the doctor and hospital maintained that a D&C procedure had been performed on June 4, 2022, the Commission noted that they had failed to produce the complete treatment records for that date.

The histopathological examination report referred to in their defence was also not placed on record.

The Commission held that the hospital and doctor were responsible for producing the complete medical records relating to the treatment. Their failure to submit the relevant documents amounted to withholding important evidence, warranting an adverse inference.

Taking into account the patient's persistent symptoms, the absence of appropriate investigations and the deficiencies in the treatment records, the Commission found that the doctor and hospital had failed to exercise the care expected of an ordinarily prudent medical practitioner.

In its October 12 order, the Commission observed:

“…it has clearly been proved, from the material on record, that the doctor and hospital failed to discharge their duties and committed an act of medical negligence, failed to follow the medical protocol, and he continued to treat the complainant merely based on guesswork and also manipulated the hospital record in his defence.”

After considering the evidence, the Commission allowed the complaint and held the gynaecologist and hospital liable for medical negligence and unfair trade practices.

It directed them to pay Rs 3 lakh as compensation to the complainant for the suffering and expenses arising from the treatment. The Commission also awarded Rs 11,000 towards litigation expenses, bringing the total amount to Rs 3.11 lakh.

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