Surgical fallout vs Legal fault — Court drew the line.

  • Posted on: July 24, 2025

She came in with lower abdominal pain, excessive bleeding, and a palpable mass. Imaging revealed multiple fibroids, one the size of a small melon. A hysterectomy was performed.

Histopathology confirmed endometriosis.

But recovery didn’t follow as planned.

She returned with urinary leakage — a classic sign of vesicovaginal fistula. A repair was attempted and failed. Imaging later showed left-sided hydronephrosis and a non-functioning kidney. A nephrectomy followed.

The patient alleged negligence. She claimed the doctors failed to notice her obstructed ureter and didn't act on early signs of kidney damage.

The court disagreed.

The operative findings were complicated — dense adhesions, anatomical distortion from endometriosis, and a history of previous uterine surgery. Medical experts noted that ureteric injuries in such scenarios, while unfortunate, aren't necessarily negligent if standard precautions are followed.

The Commission held that the doctors did act in accordance with accepted practice. Imaging and interventions were timely. The kidney may have been lost — but not due to clinical disregard.

In medicine, outcomes can be irreversible. But not every complication is a consequence of carelessness.

Source : Order pronounced by National Consumer Disputes Redressal Commission on 8th December, 2023.