A gynaecologist, an experienced one, was recently held negligent for leaving a gauze inside the patient after performing LSCS. What is significant about this case is that the doctor levelled the blame on a previously performed LSCS, which perhaps did not go down well with Consumer Commission.
The patient suffered excruciating pain after LSCS. The gynaecologist simply dismissed it as gastritis without advising tests.
The patient’s worried family took her to a hospital where tests revealed a sponge and 1.5 litres of pus in pouch of Douglas (POD). A surgery was performed to remove the same
After discharge, the patient sued the gynaecologist and claimed compensation for her apparent negligence.
The gynaecologist, surprisingly enough, pointed fingers at the patient. It was stated that she concealed the fact about previous LSCS performed five years ago. Chances were that the sponge was left behind then.
She further stated that a doctor opens abdomen from front midline at the time of LSCS, and has no access to the back side. Therefore, there was no chance to miss the alleged sponge in POD which was found at the hospital.
The Commission was clearly unimpressed. Citing medical literature and Delhi Medical Council’s report on the case, it was observed that the gynaecologist was negligent for not ascertaining the cause of patient’s pain after LSCS. She simply dismissed it as ‘gas trouble’.
Refuting the doctor’s claim of sponge being left during previous LSCS, the Commission observed:
“We are surprised how an experienced gynaecologist, while examining the patient, failed to see the operative scar of previous LSCS”.
The gynaecologist was not only held negligent but also ordered to pay five lakh rupees in compensation.
Source: Order pronounced by National Consumer Disputes Redressal Commission on 3rd June, 2022.