4 days ago
NCDRC Raises Compensation After Fatal Ovarian Surgery Negligence Case
A woman in Kerala had surgery for a small ovarian cyst in 2007.
After the operation, she became very sick and doctors later found damage to her ureter.
She was taken to other hospitals but died from septicemia, which is a serious blood infection.
Her children complained that the doctor and nursing home had not treated her properly.
A state consumer commission found them responsible and ordered compensation of Rs 3.75 lakh.
The national commission increased the payment to Rs 6 lakh.
It said the surgery itself could not clearly be called negligent based on the evidence.
However, it said the woman should have received quicker tests, specialist advice and better care after she returned to the nursing home.
The National Consumer Disputes Redressal Commission increased compensation for the woman’s children from Rs 3.75 lakh to Rs 6 lakh.
The Kerala State Consumer Commission had found the doctor and nursing home guilty of medical negligence and deficiency in service.
The woman developed complications after ovarian cyst surgery in May 2007, including ureter damage, infection and worsening health.
The NCDRC said negligence during the surgery itself could not legally be established, but found clear deficiency in her treatment after readmission.
The commission said the doctor and nursing home should have anticipated ureter injury and arranged faster investigations and urologist consultation.
- Who
- The deceased woman’s children, the treating doctor and the nursing home were involved in the case.
- What
- The NCDRC enhanced compensation in a medical-negligence complaint related to complications after ovarian cyst surgery.
- Where
- The case originated in Kerala and was decided on appeal by the National Consumer Disputes Redressal Commission.
- When
- The surgery and subsequent treatment occurred in May and June 2007; the NCDRC ruling was issued on August 14.
- Why
- The commission found deficiency in the woman’s treatment after readmission, including failure to promptly investigate possible ureter injury and obtain urologist consultation.
Children’s case
Doctor and nursing home’s case
Nature of the surgery
Children’s case
The children alleged that a small ovarian cyst was misrepresented as serious and that immediate surgery was improperly advised.
Doctor and nursing home’s case
The doctor’s lawyers said surgery was an accepted treatment for the cyst and chronic abdominal pain.
Cause of the complications
Children’s case
The children argued that negligent surgery and inadequate post-operative care caused the ureter damage and later death.
Doctor and nursing home’s case
The doctor and nursing home argued that ureter injury was a recognized complication and did not necessarily prove negligence.
Responsibility and compensation
Children’s case
The children sought higher compensation, arguing that the doctor and nursing home failed to disclose the ureter injury and that the original award was too low.
Doctor and nursing home’s case
The defence argued that treatment met accepted medical standards and that the children lacked sufficient expert evidence proving negligence.
Key facts
- Enhanced compensation
- Rs 6 lakh
- Original compensation
- Rs 3.75 lakh, ordered by the Kerala State Consumer Commission
- Surgery
- Ovarian cyst surgery performed on May 2, 2007
- Readmission
- The woman was readmitted to the nursing home on May 14, 2007
- Reported injury
- Scans on May 17 allegedly revealed ureter damage
- Date of death
- June 6, 2007
- Cause of death
- Septicemia, according to the complaint
Quotes
NCDRC bench
National Consumer Dispute Redressal Commission bench deciding the medical-negligence appeal
“Therefore, though we have held that the negligence in the surgery itself, on the basis of evidence on record of the literature-supported likelihood of latent accidental ureter injury, cannot be imputed in law to the doctor.”
indianexpress.com
Sources
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