Vital vein damaged during surgery, failure to detect internal bleeding: Cosmetic surgeon held guilty of medical negligence, NCDRC slaps Rs 16 lakh compensation

New Delhi: The National Consumer Disputes Redressal Commission (NCDRC) has directed a cosmetic surgeon to pay Rs 16 lakh in compensation to the husband of a patient who died following complications after undergoing surgery in 2014.

The bench held the cosmetic surgeon guilty of medical negligence for damaging a vital vein during surgery and failing to recognise signs of internal bleeding.

However, the Commission clarified that although negligence was established during the surgical procedure and subsequent management, there was insufficient evidence to conclude that these lapses directly caused the patient's eventual death.

As reported by The Indian Express, the bench comprising NCDRC President Justice A P Sahi and Member Bharat Kumar Pandya passed the order on October 29, 2026, while considering a complaint filed by the patient's husband alleging medical negligence and inadequate post-operative care.

The case concerned a patient who underwent abdominoplasty and liposuction at a private hospital in Hisar, Haryana, on the night of October 13, 2014.

According to the complaint, the couple had initially approached the cosmetic surgeon for rhinoplasty, a procedure intended to reshape the nose. However, the husband alleged that the surgeon persuaded them to undergo additional procedures, including abdominoplasty and liposuction, describing them as simple surgeries requiring only a day's hospitalisation.

Following the surgery, the patient's condition deteriorated. She developed serious complications, including a significant fall in haemoglobin, platelet count and haematocrit levels.

She also experienced falling blood pressure, difficulty recovering from anaesthesia, problems with extubation and an inability to maintain spontaneous breathing.

The patient was initially shifted to intensive care and subsequently transferred to another private hospital in the early hours of October 14, 2014, where she was diagnosed with hypovolemic shock.

She was later shifted to another medical facility for further treatment, where an injury to a vein was identified.

Despite receiving treatment at multiple hospitals, the patient subsequently developed further complications. She was discharged on October 29, 2014, after her condition improved, but was shifted to another hospital by her husband the following day against medical advice.

On November 9, 2014, she was readmitted with complications including perforation peritonitis, bowel gangrene, acute kidney injury and septic shock. She died on November 16, 2014.

Following her death, the husband approached the NCDRC, alleging that negligent surgery and inadequate post-operative management had resulted in his wife's deteriorating condition and eventual death.

He sought nearly Rs 5 crore in compensation, including damages for medical negligence, loss of future income, medical expenses and compensation for the couple's children and the woman's parents, along with interest.

The cosmetic surgeon denied the allegations of medical negligence.

During the proceedings, the Commission examined the available medical records and the sequence of events following the surgical procedure.

It noted that the patient's laboratory investigations and clinical condition indicated substantial blood loss after surgery. Despite these warning signs, the surgeon failed to recognise the possibility of internal bleeding and initiate appropriate investigations and treatment.

The Commission found that the most likely explanation for the patient's deterioration was damage or rupture of the right paraumbilical vein during surgery.

It also raised concerns regarding incomplete medical documentation, noting that important details relating to the surgical procedure, vital parameters and medicines administered during and after the operation were missing from the records.

Holding the surgeon responsible for the lapses, the Commission observed, as reported by The Indian Express:

"The surgeon is held guilty of medical negligence in the conduct of the surgery in negligently damaging a vital vein and also in failing to recognize the obvious signs of blood loss caused by internal bleeding, and in taking appropriate investigative and treatment steps, even in the face of falling blood pressure, non-reversal from anesthesia, difficulty in extubation and inability of the patient to maintain spontaneous breathing."

However, while examining whether the negligence had directly resulted in the patient's death, the Commission distinguished the initial surgical complications from the subsequent medical developments.

It noted that the woman's condition had stabilised during treatment at a subsequent hospital and that she had been discharged on October 29, 2014.

The Commission also considered that she was later shifted to another hospital against medical advice and subsequently received treatment at different medical facilities.

In view of these intervening developments, the Commission held that the evidence was insufficient to establish a direct causal connection between the surgeon's negligence and the complications that ultimately led to the woman's death.

The Commission also declined to hold the hospital where the cosmetic procedure was performed liable for negligence.

It noted that the surgeon had independently provided the medical services, assembled his own surgical team and was not an employee of the hospital. Consequently, the hospital was not held responsible for the surgeon's negligent conduct.

The Commission concluded that the surgeon had failed to exercise the required standard of care during surgery and in recognising and managing the patient's post-operative complications.

Accordingly, the NCDRC directed the cosmetic surgeon to pay Rs 16 lakh in compensation to the complainant husband.