Surgical needle found in abdomen 12 years after LSCS, tubectomy: HC orders TN Medical Council to probe into negligence, issue notice to doctor

Chennai: Taking serious note of a surgical needle found inside a woman's abdomen nearly 12 years after she underwent a Caesarean section and tubectomy at a maternity hospital, the Madras High Court directed the Tamil Nadu Medical Council to investigate the allegations of medical negligence, issue notice to the doctor and take an appropriate decision.

The Court refused to dismiss the patient's complaint merely because she had approached it several years after the surgery, observing that her financial circumstances and the unexpected discovery of the needle could not be ignored.

The Court passed the order on November 5, 2026, while hearing a petition filed by the woman seeking action against the doctor who performed the surgery at the government-run Maternity Hospital.

According to the petition, the patient underwent a Lower Segment Caesarean Section (LSCS) at Corporation Maternity Hospital, Ayanavaram, on September 4, 2010, following the birth of her second child. She also underwent a tubectomy on the same day and was issued a sterilisation certificate by the hospital.

She remained admitted until September 23, 2010, and subsequently attended follow-up consultations.

However, the patient alleged that she continued to experience severe abdominal pain, menstrual bleeding and physical discomfort after the surgery. She also reported considerable weight loss and claimed that her condition did not improve despite seeking treatment at different hospitals.

Nearly 12 years later, on January 3, 2022, she approached Kilpauk Government Hospital after experiencing severe abdominal pain and vomiting.

Investigations, including scans and X-rays, revealed the presence of a surgical needle measuring approximately 5 cm inside her abdomen.

The patient was admitted to the hospital from January 3 to January 12, 2022, and underwent another surgical procedure to remove the needle.

According to her petition, she was informed that the needle had been left inside her abdomen during the earlier surgery at the Maternity Hospital.

She alleged that the incident had caused prolonged physical suffering, mental distress and financial hardship, forcing her to borrow money for medical treatment.

Seeking action over the alleged negligence, the patient lodged a complaint with the Chennai Commissioner of Police on June 15, 2022. The complaint was forwarded to the K2 Ayanavaram Police Station, but she claimed that no effective action followed.

She subsequently filed an application under the Right to Information Act in November 2022, seeking details of her treatment and the doctor who performed the surgery. However, according to her petition, the required information was not furnished.

After submitting another representation to the authorities on August 2, 2023, without securing an enquiry or action, she approached the Madras High Court.

During the hearing, the respondents argued that the woman had approached the Court 12 years after the surgery and had not taken steps earlier despite claiming to have suffered considerable pain.

The High Court, however, was not persuaded by the argument concerning the delay.

Justice noted that the woman came from an economically disadvantaged background and that her husband worked as a daily wage labourer. The Court observed that she could hardly have anticipated that a surgical needle had been left inside her abdomen following the earlier procedure.

Referring to her financial difficulties, the Court observed:

"The petitioner had apparently put up with the pain, as her economic condition did not permit her the luxury of seeking medical treatment."

The Court also examined the discharge summary issued by Kilpauk Medical College Hospital, which recorded the woman's previous medical history.

The medical records showed that, apart from the Caesarean section and tubectomy performed at Corporation Maternity Hospital, she had not undergone any other surgery.

The Court further referred to the intraoperative findings dated January 6, 2022, which documented a 5 cm needle on the left side of her abdomen.

Taking note of these findings, the High Court observed:

"This finding clearly exposes the callous manner in which the surgery was performed. This incident definitely requires an investigation."

The Court also made it clear that the delay in approaching the judiciary could not be used to disregard the woman's suffering.

"This Court cannot overlook the negligence on the part of the 4th respondent Hospital and the suffering endured by the petitioner solely on the ground that she had approached the Court belatedly," the judgment stated.

Considering the circumstances, the High Court impleaded the Tamil Nadu Medical Council as a respondent and directed it to issue notices to the patient and the doctor concerned.

The Council was directed to hear both parties and pass appropriate orders on the patient's representation after examining the complete records relating to her delivery at the Maternity Hospital and the medical report issued by Kilpauk Medical College Hospital.

The Court directed that the exercise be completed within two months from the date of receipt of a copy of its order.

The petition was disposed of without an order as to costs.

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