Children to get Rs 6 lakh payout after mother dies post ‘negligent’ ovarian cyst surgery

Crucially, the commission noted that the surgeon had known from the patient’s history that she had undergone two abdominal surgeries. “Her own testimony and the medical literature on record indicates that accidental ureter injury while performing gynaecological or abdominal surgeries is very much likely, more so when dense adhesions are additionally to be expected due to past surgeries,” it added.

The August 14 ruling added, “Therefore, though we have held that the negligence in the surgery itself, on the basis of evidence on record of the literature-supported likelihood of latent accidental ureter injury, cannot be imputed in law to the doctor.”

The children of the late woman alleged that on April 11, 2007, their mother had gone to the gynaecologist after complaining of mild abdominal pain. She was advised to undergo an ultrasound scan, which revealed a small cyst in the right ovary. According to her children, the doctor allegedly “misrepresented” the condition as serious and advised immediate surgery.

The bench noted that there was clear deficiency on the part of the doctor in treating the late woman when she was re-admitted to the nursing home.

The surgery was initially scheduled on May 3, 2007, but was done a day earlier. The children claimed that the surgery was done in a highly negligent manner, without the presence of required specialists and after the surgery, the late woman developed severe abdominal pain, persistent vomiting, among other complications.

The woman was stated to have not been provided proper post-operative care, following which her health worsened, and despite the state of her condition, the nursing home discharged her on May 9, 2007. She was again taken to the nursing home on May 14, 2007.

On May 17, 2007, the children claimed diagnostic scans had revealed damage to the ureter. As the woman was critical, she was shifted to a another hospital, where a second surgery was performed. Her condition deteriorated and she was taken to a third hospital on June 2, 2007, where she died due to Septicemia (blood poisoning) on June 6, 2007.

Following her death, her children filed a complained in the Kerala state consumer commission, which on May 19, 2012 held the doctor and nursing home guilty of medical negligence and deficiency in service, ordering a Rs 3.75 lakh compensation.

The doctor and nursing commission then appealed the ruling in the NCDRC.

‘Palpably low’

Advocates S Prakash and N G Mahesh appearing for the doctor and nursing home, argued that the surgery conducted was an accepted mode of treatment for cyst and chronic abdominal pain, and that complications suffered by the late woman were “a recognized medical complication” for patients like her and could not necessarily be called negligence.

The counsel urged that the treatment given to the late woman was “in conformity with accepted medical standards” and that the children had failed to show “sufficient expert evidence proving negligence or deficiency in service”.

Advocate Rajan P Kaliyath, representing the children, contended that the compensation given to them was “palpably low” and required enhancement, as the doctor and the nursing home tried to hide their faults without revealing the damage caused to the ureter of the late woman, who could otherwise have been saved from death.

The national commission, however, held it was impossible to hold the doctor liable for the death of the woman, but the contribution of the doctor and the nursing home in her death could not be completely ruled out.

“Our finding of deficiency is limited to doctor’s exhibition and application of requisite medical and experiential knowledge, anticipation, skill, care and management of the patient, particularly of positively being aware of the need for urologist consultation and speedier investigations to positively rule out the ureter injury and leak, (which the literature shows to be a likely accident during ovarian surgery), during her re-admission,” the NCDRC said.

Takeaway

The ruling establishes the obligation of doctors to ensure proper treatment of patients and that the concerns of the consumers must not be ignored, causing them unnecessary inconvenience. For consumer-related grievances, individuals may contact the consumer helpline in their respective states and union territories or call the National Consumer Helpline at 1915 for assistance.

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