NCDRC: Doctors held Liable for Medical Negligence, Left Sponge in the Abdomen During LSCS Operation

Shashwati Chowdhury

Published on: June 20, 2022 at 17:55 IST

The National Commission’s Bench, comprised of Justice R.K. Agrawal, President, and Dr. S.M. Kantikar, Member, observed that while no amount of money can turn back time and undo the damage already done, receiving compensation for unnecessary surgery or surgical errors can at least help the patient overcome some of the challenges that lie ahead.

Dr. A. K. Jain (Opposite Party No. 1) and Dr. Usha Jain (Opposite Party No. 2) performed Caesarian delivery (LSCS) on Sweta Khandelwal (Patient) at Rishabh Medical Centre in Delhi (Opposite Party No. 3). Despite her poor health, the patient was discharged on September 18, 2012. She returned to the doctor, who diagnosed her with indigestion. On September 23, 2012, she experienced severe abdominal pain and her abdomen was swollen. She was admitted to St. Stephen Hospital in Delhi on the following date. The doctors discovered an infected sponge and 1.5 litres of pus in Douglas’ pouch (POD). Aggrieved with the alleged carelessness of Opposite Party No.1, the Complainant filed a Complaint with the District Forum.

The District Forum awarded compensation of Rs 10 lakhs to the opposing parties. Aggrieved with the District Forum’s Judgement, the opposing parties (doctors and hospital) filed a First Appeal with the State Commission. The State Commission reversed the District Forum’s decision.

The petitioner (patient), who was aggrieved with the decision of the State Commission Delhi, filed an appeal with the National Commission under Section 21(b) of the Consumer Protection Act of 1986.

The complaint stated before the National Commission that it was a case of gross negligence on the part of Opposite Party No. 2, who left the sponge in the abdomen during the LSCS operation.

According to the respondents (Doctors and Hospital), the Complainant concealed the previous LSCS done five years ago, and it was possible that the sponge stayed there since then.

The issue before the National Commission was whether or not the doctors and hospital were liable for the medical negligence.

According to the Commission, mistakes can and do happen; yet, an operation is a stressful experience; enduring pain and discomfort afterwards can worsen this emotional distress, not just for the patient but also for her husband and loved ones.

The compensation was reduced by the National Commission to Rs. 5 (five) lakhs. The Commission set aside the Order of the State Commission.

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