In a disturbingly shocking incident, the State Commission came down heavily on doctors for their apparent lack of diligence and their haste in treating one of their patients.
Mrs. Sharma had unbearable pain in the stomach and hence approached Sharma Charitable Hospital where the doctor performed a USG which indicated uterus fibroid. The doctor referred the patient to a gynaecologist who, without performing any pre-operative investigations and going only by the USG report, conducted Total Abdominal Hysterectomy (TAH) and Bilateral Salpingo Oophorectomy (BSO). The pain didn’t subside and when Mrs. Sharma approached the gynaecologist, she was simply referred to another hospital, where she was diagnosed with appendicitis. The doctors at the referred hospital performed appendectomy which cured her of the ailment.
This terrible case of negligence was taken to State Consumer Disputes Redressal Commission, Rajasthan. After all, a woman’s uterus and her fallopian tubes were removed without following proper protocol. The doctor and gynaecologist of Sharma Charitable Hospital tried their best to put up a sorry face. But arrogance and sheer indifference reeked instead. It was stated that the patient was diagnosed with fibroids which was cancerous and hence TAH and BSO was performed. The patient has not proved the allegations, concluded the doctors.
The Commission was perhaps aghast at their callousness, as it came down heavily on the doctor and gynaecologist. At the outset, it was observed from medical literature that uterus fibroids are non-cancerous and they do not turn in to cancer tumours. Moreover, the treating doctors weren’t oncologists to determine this fact! What’s more, the Commission noted, is that they doctors didn’t even obtain an informed consent from the patient or her husband before performing such crucial and sensitive surgeries, and stated the following in a stern voice: “Besides the USG there is no record of any investigations that confirmed fibroids in uterus. No x-ray or any other tests were conducted. Patient’s menstrual history was not taken, which is the primary symptom of fibroids. No report of oral examination of pelvic was prepared to know the location, kind and size of the fibroids. It seems that the doctor and gynaecologist were in utmost haste to conduct the hysterectomy as this was done on the same day when the patient was admitted. No repeat USG was considered necessary. The gynaecologist did not consider to put the patient on medication initially or to opt for myomectomy. She did not think it was fit to prescribe medication and explore the possibility of myomectomy. Straight away TAH and BSO were done the same day. When the patient did not get relief from her constant pain even after this operation she visited the doctors again but they did not bother to investigate the cause of her suffering and referred her to a government hospital which is a normal practice with the private hospitals after they have made their money and when the condition is not manageable, the patient is thrown away”.
Sharma Charitable Hospital, the doctor and the gynaecologist were held guilty for their apathy and negligence and were ordered to compensate the patient.
Source: Order pronounced by State Consumer Disputes Redressal Commission, Rajasthan on 28th November, 2017