Consumer body orders Hyderabad hospital to pay Rs 50 lakh for spine surgery that left woman bedridden

According to later medical opinions and medical reports relied upon by the consumer commission, the condition could have been managed conservatively without surgery.

“The acts of the Opposite Parties No. 1 and 2 clearly establish a deficiency in service on their part. Due to negligence and deficiency of service by the Opposite Parties Number 1 (Managing Director, YASHODA Group of Hospital, Malakpet, Hyderabad – 500 036 ) and 2 (Dr Venkata Ramakrishna T ), the Complainant had became bedridden her entire life and also dependent on others her entire life physically and financially,” the consumer commission said on April 21, concluding that service was deficient on the part of the hospital and surgeon.

Consultation in Tripura, surgery in Hyderabad

According to the complaint, the woman had been suffering from lower back pain radiating to her left leg for several months before undergoing an MRI scan in February 2019. The MRI report, delivered on March 2, 2019, diagnosed “Grade-I spondylolisthesis L5 over S1.”

The complainant alleged that she consulted Dr Venkata Ramakrishna during one of his periodic visits to Agartala, where he allegedly advised immediate surgery and told her that “surgery is the only option for her cure.” She further claimed that she was warned she could become paralysed if the procedure was not performed.

The woman later travelled to Hyderabad with her family and was admitted to Yashoda Hospital on May 16, 2019. The surgery, L5-S1 stabilisation and TLIF, was performed the next day.

The complainant told the consumer forum that after surgery, she was unable to walk or stand properly and had to cancel her return flight tickets. She remained in the hospital guest house before eventually returning to Agartala in a wheelchair.

Condition ‘worsened’ after surgery

• In her complaint, the woman alleged that her condition steadily deteriorated after the operation.
• She claimed she suffered severe back pain, numbness, fever, urinary infection, cervical pain and loss of mobility.
• She stated that she could no longer sit, walk, cook, comb her hair or independently perform routine activities.
• The complaint further stated that before surgery, she had worked as a casual announcer with All India Radio and also conducted tuition classes, earning nearly Rs 70,000 per month.
• Following the surgery, however, she allegedly became dependent on domestic help and private tutors for her son while losing her own source of income.
• She also alleged that other doctors later informed her that the surgery had failed and was not required in the first place.
• Medical consultations at institutions including the National Institute of Mental Health and Neuro Sciences (NIMHANS), Bengaluru, and St John’s Medical College Hospital reportedly indicated post-operative spinal defects and “Failed Back Syndrome.”

Hospital defends procedure

• The hospital and surgeon denied negligence and argued that the complainant had been suffering from persistent symptoms for six months despite conservative treatment from other doctors.
• They claimed surgery was advised only after MRI findings showed Grade-II listhesis and after pre-operative counselling and informed consent.
• The doctor also contended that the patient was informed of possible risks and complications associated with spinal surgery and that the operation itself was uneventful.
• The defence maintained that post-operative scans showed proper placement of screws and no implant failure or infection.
• The hospital further stated that the complainant frequently returned for follow-up consultations and often arrived walking normally to the outpatient department.
• It also claimed that several of her complaints, including headaches and whole-body pain, were unrelated to the surgery.

Commission flags ‘shift’ to Grade-II diagnosis

• While examining the records, the consumer commission noted what it described as inconsistencies in the diagnosis.
• It was observed that the complainant’s MRI report initially reflected “Grade-I spondylolisthesis,” but the discharge summary after surgery referred to “Grade-II listhesis,” despite no MRI being conducted by the hospital after admission.
• The consumer forum also referred to medical literature and the Meyerding classification of spondylolisthesis, observing that Grades I and II are considered “low-grade” and are generally managed through conservative, non-surgical methods.
• It further relied on medical records from subsequent consultations and held that the complainant had suffered lifelong physical, emotional and financial consequences because of the surgery.

Rs 50 lakh payout ordered

Allowing the complaint in part, the consumer body directed the hospital and surgeon to jointly and severally pay Rs 50 lakh towards compensation for “physical trauma, mental agony and financial loss” suffered by the complainant and her family. It also awarded Rs 20,000 towards litigation costs.

The complaint against the two insurance companies arrayed as opposite parties was dismissed after the consumer commission found no direct contractual relationship or deficiency in service on their part.

The commission directed compliance within 45 days, otherwise, the compensation amount would carry 9 per cent annual interest from the date of default until realisation.