New Delhi: The National Consumer Disputes Redressal Commission (NCDRC) cleared a Telangana hospital and doctor of medical malpractice during a hysterectomy operation.
After reviewing the medical record and consulting the Superintendent of Govt. Maternity Hospital, Hyderabad, the top consumer court found no fault in fibroid uterine trans abdominal hysterectomy.
Holding that the doctor executed the duty and did not conduct any negligence, the NCDRC bench rejected the case. “The Revision Petition, being misconceived and devoid of merit, is dismissed.”
The plaintiff, a 47-year-old homemaker, underwent hysterectomy at Chaitanya Hospital in 2009. The hospital was accused of performing a hysterectomy without patient consent by Dr. Janaki.
Pre-printed consent was accused of unfair trade conduct. She further said she was transported to Gandhi Hospital without reason. Therefore, it was a case of res ipsa loquitur.
The Complainant further claimed that the expert opinion violated Supreme Court norms. She complained to Ranga Reddy District Forum. The District Forum rejected the Complaint, so the Complainant appealed to the State Commission, which similarly rejected it.
The State Commission reviewed the medical record, including Dr. Prabhavathi’s opinion, when examining the complaint. This impartial medical officer reviewed the record and found no medical malpractice.
The records revealed that the patient had been operated for fibroid uterine trans abdominal hysterectomy at the treating hospital following which she had acquired right side chest pain and shortness of breath. Gandhi Hospital received her promptly. Gandhi Hospital records showed that all appropriate examinations had been advised and that she may have experienced pulmonary embolism or another catastrophic incident.
As there was confusion over the patient’s health post-hysterectomy, the doctor’s notes mentioned urgent physician opinion. The State Commission concluded that Gandhi Hospital doctors suspected pulmonary embolism. Blood thinners or anticoagulants prevent new clots.
The Commission found no evidence that the treating doctor was careless or performed the surgery improperly. The Commission also underlined that surgery is a major cause of DVT (DVT). Blood thickens and clots. Sometimes the clots might migrate to the lungs and this is termed P.E and it can be life threatening when if stops blood flow. Any operation on the abdomen, pelvis, hips, or legs can cause clots.
Being aggrieved by the order of the State Commission, the complainant had sought the NCDRC bench. The top consumer court reviewed the complete information on record and the documents proved that Dr. Janaki had done the procedure at Chaitanya Hospital. After surgery, the patient complained of right chest pain and shortness of breath. The doctor immediately diagnosed air emobolism, an uncommon post-operative complication.
Dr. Padmaja, Hyderabad Govt. Maternity Hospital Superintendent, was also consulted by the top consumer court. Dr. Padmaja confirmed no medical malpractice.
The top consumer court concluded that the State Commission’s order did not require intervention, saying, “Concurrent findings of fact limit this Commission’s revisional competence. We find no jurisdictional error, legal principle ignored, or miscarriage of justice within section 21(b) that would require this Commission to interfere with its revisional competence.”
The NCDRC court cited the Supreme Court judgement in Rubi (Chandra) Dutta Vs. M/s United India Insurance Co. Ltd. and the recent verdict in Sunil Kumar Maity vs. State Bank of India & Anr.