Panchkula doctor removed healthy uterus, left mop inside abdomen
Ajay Sura | TNN | Updated: Feb 3, 2019, 13:49 IST
Representative image CHANDIGARH: The State Consumer Disputes Redressal Commission, Haryana, has held a Panchkula-based gynecologist negligent of removing normal and healthy uterus of a patient and leaving bandage/gauge inside her abdomen after operation. The commission has also directed the insurance company with which the doctor’s clinic located in Sector 20, Panchkula, was insured, to pay Rs 5 lakh compensation to the patient.
“Opposite party-1 (Dr Ruchita Kaushal) was medically negligent while conducting the surgery upon the complainant and there was deficiency also in rendering the services by her as well as her clinic. Hence, compensation for medical negligence causing physical and mental agony is awarded to the tune of Rs 5 lakh along with 9% interest. Since the doctor and her clinic was insured with the New India Assurance Company, the insurance company is directed to indemnify the word go to make the payment of the compensation allowed against the doctor and her clinic within three months,” order the commission in its order released Friday.
A division bench comprising Ram Singh Chaudhary and Manjula, both members of the commission, passed these orders while allowing a complaint filed by Sarita Kaushal, a resident of Sector 11, Panchkula.
Holding the doctor guilty of negligence, the commission also observed that it was incumbent upon the doctor to ensure that before conducting the surgery upon the complainant she had conducted all the required test and other arrangements. “However, for the reason best known to her, as to why she hastily and without making all preparations, conducted the surgery upon the complainant. Futile attempt has been made by the doctor that no amount was charged from the complainant but on the overleaf of the documents, it has been mentioned that the complainant had paid Rs 5,000 advance for the treatment,” observed the commission.
Referring to the report of the PGIMER Chandigarh, the commission observed that the PGI is renowned research institute and as per the report no immediate surgery was required but still the doctor hastily decided to conduct the surgery upon complainant, which was not successful. Commission recorded that the foreign part was left inside the body of the complainant, which caused severe pain and the complainant had to suffer a lot before undergoing another surgery at a private hospital in Gurgaon.
Complainant Sarita was suffering from irregular periods and an ultrasound report dated November 3, 2014 showed bulky uterus with fibroids and endometrial hyperplasia. On November 5, 2014, she discussed the problem with Dr Ruchita, who suggested her to straightway undergo hysterectomy.
According to the complainant, her husband had deposited Rs 20,000 to the clinic and she was operated same day. It has been alleged that though her husband was asked to arrange for two unit of blood but she was operated even before the blood was arranged, which also amounted to gross negligence.
However, after the operation, she suffered from high fever. Meanwhile, the complainant received the histopathology report (of removed organ) from the PGI Chandigarh on November 21, 2014, which shows that removed organ was normal. When she continued to have fever, several tests were conducted in which some foreign material was found to be left inside the body.
On this, she was operated on July 10, 2015 at a private hospital in Gurgaon for laparoscopic surgery for removal of foreign body. After the operation, it was found that a surgical mop (bandage/gauge) was left during the surgery which was causing life threatening trouble to her.
Alleging doctor’s negligence and deficiency in service, the complainant had approached the state consumer commission through her counsel Aftab Singh Khara seeking Rs 20 lakh compensation from the doctor.
Contesting the allegations, the counsel for Dr Ruchita had claimed that hysterectomy was done diligently, prudently with utmost due care. “The PGI Chandigarh report confirms leiomyomas (fibroid) of the uterus and ovarian cysts in both ovaries. No doctor has pointed that any gauge being left in abdomen. Operation was carried in a right manner and she left against medical advice (LAMA),” claimed the doctor in her defence.
Counsel for the complainant, Aftab Singh Khara said that they would be filing an appeal seeking enhancement of compensation in this case.
“Opposite party-1 (Dr Ruchita Kaushal) was medically negligent while conducting the surgery upon the complainant and there was deficiency also in rendering the services by her as well as her clinic. Hence, compensation for medical negligence causing physical and mental agony is awarded to the tune of Rs 5 lakh along with 9% interest. Since the doctor and her clinic was insured with the New India Assurance Company, the insurance company is directed to indemnify the word go to make the payment of the compensation allowed against the doctor and her clinic within three months,” order the commission in its order released Friday.
A division bench comprising Ram Singh Chaudhary and Manjula, both members of the commission, passed these orders while allowing a complaint filed by Sarita Kaushal, a resident of Sector 11, Panchkula.
Holding the doctor guilty of negligence, the commission also observed that it was incumbent upon the doctor to ensure that before conducting the surgery upon the complainant she had conducted all the required test and other arrangements. “However, for the reason best known to her, as to why she hastily and without making all preparations, conducted the surgery upon the complainant. Futile attempt has been made by the doctor that no amount was charged from the complainant but on the overleaf of the documents, it has been mentioned that the complainant had paid Rs 5,000 advance for the treatment,” observed the commission.
Referring to the report of the PGIMER Chandigarh, the commission observed that the PGI is renowned research institute and as per the report no immediate surgery was required but still the doctor hastily decided to conduct the surgery upon complainant, which was not successful. Commission recorded that the foreign part was left inside the body of the complainant, which caused severe pain and the complainant had to suffer a lot before undergoing another surgery at a private hospital in Gurgaon.
Complainant Sarita was suffering from irregular periods and an ultrasound report dated November 3, 2014 showed bulky uterus with fibroids and endometrial hyperplasia. On November 5, 2014, she discussed the problem with Dr Ruchita, who suggested her to straightway undergo hysterectomy.
According to the complainant, her husband had deposited Rs 20,000 to the clinic and she was operated same day. It has been alleged that though her husband was asked to arrange for two unit of blood but she was operated even before the blood was arranged, which also amounted to gross negligence.
However, after the operation, she suffered from high fever. Meanwhile, the complainant received the histopathology report (of removed organ) from the PGI Chandigarh on November 21, 2014, which shows that removed organ was normal. When she continued to have fever, several tests were conducted in which some foreign material was found to be left inside the body.
On this, she was operated on July 10, 2015 at a private hospital in Gurgaon for laparoscopic surgery for removal of foreign body. After the operation, it was found that a surgical mop (bandage/gauge) was left during the surgery which was causing life threatening trouble to her.
Alleging doctor’s negligence and deficiency in service, the complainant had approached the state consumer commission through her counsel Aftab Singh Khara seeking Rs 20 lakh compensation from the doctor.
Contesting the allegations, the counsel for Dr Ruchita had claimed that hysterectomy was done diligently, prudently with utmost due care. “The PGI Chandigarh report confirms leiomyomas (fibroid) of the uterus and ovarian cysts in both ovaries. No doctor has pointed that any gauge being left in abdomen. Operation was carried in a right manner and she left against medical advice (LAMA),” claimed the doctor in her defence.
Counsel for the complainant, Aftab Singh Khara said that they would be filing an appeal seeking enhancement of compensation in this case.
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