Nashik Consumer Panel Orders Two Doctors to Pay Over Rs 12.7 Lakh in C-Section Negligence Case

The District Consumer Disputes Redressal Commission (DCDRC) in Nashik has directed two doctors to pay more than Rs 12.7 lakh to a woman in a medical negligence case linked to a surgical mop left inside her abdomen during a caesarean section.

The commission directed each doctor to pay Rs 5 lakh as compensation for physical and mental agony. It also ordered them to jointly and severally pay Rs 2.68 lakh towards medical expenses, including Rs 33,000 for the C-section and Rs 2.35 lakh for the subsequent surgery.

The case dates back to h March 2022, when the Prajakta Dond, resident of Nimgaon in Sinnar taluka was admitted to a Yeola Hospital for delivery and underwent a caesarean section. on March 5, 2022.

According to the complaint and case details, the woman experienced abdominal pain, vomiting and difficulty keeping food down after the surgery. She also reported a sensation that something remained inside her abdomen.

The treating doctor allegedly attributed her symptoms to trapped gas and discharged her on March 11, 2022.

Prajakta's discomfort continued after she returned home. During a follow-up visit, she reportedly told the doctor that she felt a lump-like sensation in her abdomen. According to the complaint, the doctor again attributed the sensation to trapped gas.

As her symptoms persisted and included fever and chills, she visited another hospital on March 22, 2022, where doctors conducted sonography and laboratory tests.

Also see: Who Can Be Held Accountable for Medical Negligence

According to the reported case record, the sonography findings raised concern about a foreign object in the abdomen, leading doctors to advise a CT scan.

The Nashik consumer commission later noted that the CT scan report mentioned a foreign body, specifically a gossypiboma. The term refers to surgical gauze or a sponge unintentionally retained inside a patient after surgery.

She was subsequently referred for further treatment and underwent another operation. An abdominal mop and approximately three litres of pus were removed during the surgery.

It was also stated that the woman later developed haemorrhoids during prolonged treatment and underwent treatment for the condition.

The consumer commission examined the discharge summary from the first hospital and reports from subsequent medical investigations.

According to the reported findings, the sonography report recorded significant intra-abdominal fluid collection with internal echoes.

To support her claim that a surgical mop was removed during a later operation, the complainant submitted the discharge summary from the subsequent hospital and the treating surgeon’s operative notes.

The doctor who performed the later surgery also testified in connection with the claim that a mop had been removed during the operation.

Also see: How Florida Law Defines Medical Negligence and Liability

The commission also examined how the patient’s postoperative complaints were handled.

According to the reported order, the panel observed that the treating doctor failed to adequately address the woman’s concerns when she returned with symptoms.

The commission said that if the treating doctor had paid attention to her complaints and conducted sonography when she returned for removal of the C-section stitches, the problem could have been identified.

The panel concluded that the treating doctor failed to exercise a basic level of care and found negligence in the medical treatment provided to the complainant.

The commission observed that the woman endured severe physical pain following the complications.

According to the reported findings, she was unable to breastfeed her newborn during the period of illness and treatment. The panel also noted uncertainty over possible future physical complications associated with the retained mop and its reported effect on her intestines.

The complainant further alleged that persistent abdominal pain left her unable to work.

After considering the medical records, operative evidence and the woman’s suffering, the commission directed each of the two doctors to pay Rs 5 lakh as compensation for physical and mental agony.

It also ordered the doctors to jointly and severally pay Rs 2.68 lakh towards medical expenses, comprising Rs 33,000 for the caesarean section and Rs 2.35 lakh for the subsequent surgery.

In its June 23 order, a bench led by President Shilpa S. Dolharkar, with members Kavita A. Chavan and Prerna Lonkar, awarded compensation to complainant Prajakta Dond.

The order brings the total amount directed towards compensation and specified medical expenses to more than Rs 12.68 lakh.

Reference:

1. Alemu, Berhanu N., and Abraham G. Tiruneh. “Gossypiboma: A Case Series and Literature Review.” Ethiopian Journal of Health Sciences 30, no. 1 (2020): 147–149.

https://pmc.ncbi.nlm.nih.gov/articles/PMC7036463/

(Rh/ARC)