In rare and unknown symptoms develop to the patient, the doctor who operates must take full care, attention & all precautionary steps as laid down in medical literature without any negligence.
Background of Case:
The case goes back to 2016 when the patient was diagnosed with a lump in her uterus and needed to undergo a hysterectomy.
Post-operation, which cost around Rs 25,000, the patient was shifted to general ward and during hospitalization, she suffered from dehydration and after 1 day the complainant got retention of urine problem and motions, vomiting
Complainant was shifted to another hospital but continued suffering Kidney problems and later she approached several other hospitals with the same problem to get no relief.
At treating hospital doctors were negligent while operating on complainant and they also didn't take any precautionary measures after the operation as they didn't shift patient to ICU which resulted in multiple health problems
Complainant approached the District Consumer Court seeking Rs. 20 lakh to help her with the treatment
Treating doctor denied all allegations and claimed that there was no fault in the diagnosis and treatment by the treating Hospital,
Complainant was given post-operative care, she was monitored continuously by pulse oxymeter and pulse, BP and Urine output were also noted in case sheet.
The patient was stable hemodynamically and the patient developed sudden anuria unusually. The complainant was given standard treatment given elsewhere also, however, there was no response to the treatment given.
Explaining that it is a rare presentation, doctors at treating hospital referred the complainant to another hospital.
Doctors further contended that during the police probe, the matter was referred to an expert committee which opined that "renal failure due to TMA is not related to surgery and has occurred due to thrombotic micro angiopathy, proved by biopsy and the treatment was given as per protocol and there is no negligence in the treatment by the OPs."
The Commission held that:
In this case, it appears that there is no evidence to that extent that doctors at treating hospital have taken all precautionary measures to avoid unwarranted, unusual and unknown, rare symptoms either during conducting surgery of postoperative time or at any point of treatment till discharge of the patient with good condition from the hospital without any complications.
The Commission directed the doctors representing the Hospital to pay Rs. 2 lakh towards compensation, and Rs. 10,000 towards cost of the proceedings within one month.
Please find the original document attached.
Source: District Consumer Disputes Redressal Commission AT Mahabubnagar