The patient suffered from excruciating abdominal pain. She visited a maternity centre where the gynaecologist performed Total Abdominal Hysterectomy (TAH).
Despite the operation, the patient continued to suffer from pain and discomfort. She consulted another doctor who referred her to a reputed private hospital. Urethrocystoscopy was performed.
To her shock, multiple vicryl sutures in urinary bladder resulting into complete blockage of right ureteric orifice were discovered. Right side percutaneous nephrostomy (PCN) was performed after which the patient got relief from persistent pain.
She sued the gynaecologist and maternity centre. In their defence, they stated that the procedure was performed as per protocol and the patient was simply dragging them to extort compensation.
Strangely, it was also submitted that USG was not performed before surgery as the patient had brought USG done few months earlier, and it was relied upon to perform the procedure.
The State Consumer Commission was not bemused as it made following observations:
“What has actually transpired from the case is that the maternity centre and gynaecologist were negligent by not conducting USG during pre-surgery period which is necessary as per practice followed by medical practitioners. Moreover, in counter, they have submitted that patient had done USG few months back which was normal, so there was no need to undergo fresh USG before surgery. However, the same cannot be accepted as the doctor who performed TAH should have done the USG to know exact placement of organ which is to be operated”.
“Furthermore, the doctors at other hospital had to perform PCN. In this regard, no clarifications have been made by the maternity centre and gynaecologist as to why they have applied sutures in the urinary bladder and why the same were not been removed by them post-surgery”.
These factors led the Commission to hold the maternity centre and gynaecologist negligent.
Source : Order pronounced by Delhi Consumer Disputes Redressal Commission on 1st February, 2023.