CHHATTISGARH STATE CONSUMER DISPUTES REDRESSAL COMMISSION, RAIPUR
R.S. Sharma, President, D.K. Poddar, Narendra Gupta, Ruchi Goel, Members
SANJAY DHANDHARIA (DR.) - Appellant
Versus
SANGEETA CHANDERIA - Respondent
Appeal No. FA/2017/723
Decided On : 07-07-2018

The court found that the O.P. committed medical negligence by conducting a hysterectomy surgery wrongly, resulting in serious and unbearable pain in the abdomen and continuous urine problem for the complainant. The court also noted that the O.P. did not provide proper post-operative care, leading to the deterioration of the complainant's condition. The court emphasized the importance of obtaining proper consent and conducting surgeries according to prescribed procedures to avoid medical negligence.

Headnote:

Medical Negligence - Hysterectomy Surgery - 2. Briefly stated the facts of the complaint of the complainant are that the complainant was suffering from abdomen pain and irregular menstruates period in April 2013, therefore, for check up and treatment she approached the O.P. on 6.4.2013. The O.P. again called the complainant for treatment on 8.4.2013. The complainant went to the O.P. on 8.4.2013. The O.P. without conducting any test/ examination informed the complainant that immediately operation for abdomen pain is required to be done otherwise, there will be danger to the life of the complainant and from conducting operation, she will become alright. The O.P. also informed the complainant that operation expenses will Rs. 40,000. The complainant made arrangement of Rs. 40,000 and deposited the same with the O.P. but the O.P. did not provide receipt for the same. The O.P. told the complainant that bill/receipt is not provided by him. As the condition of the complainant was critical and the O.P. informed her that without operation she cannot become alright and immediately operation is required to be conducted and with haste and fear of danger to life the complainant agreed to undergo operation and without receiving the receipt, operation was conducted. After receiving amount of Rs. 40,000 on the same day the operation of the complainant was conducted and uterus was removed and on next day without conducting any test and examination, the complainant was discharged, thereafter the complainant went to her house. On 10.4.2013, the complainant was having unbearable pain and there was problem of continuous urination then she went to O.P. The O.P. not give any information for which reason she is having unbearable pain, then the O.P. gave prescription slip and told the complainant to take medicine, everything will become alright. The complainant took medicine even then she was having unbearable pain in the abdomen and urine was passing continuously, which was not cured and continuously urine was passing and flowing. On 14.4.2013 and 15.4.2013, the complainant went to the O.P., but the O.P. did not cure the above problems and again gave medicines and told the complainant to take the medicines and everything will become alright. The O.P. called the complainant on 6.5.2013. The complainant took the above medicines but the problem was not cured, therefore, the complainant went to the O.P. on 2.5.2013 instead of 6.5.2013. The O.P. told the complainant why she came prior to 6.5.2013 and gave prescription slip and called the complainant on 6.5.2013 for test. The complainant again went to the O.P. on 6.5.2013 and the O.P. prescribed medicines and told the complainant and her husband to take treatment in Apollo Hospital, Bilaspur, then the complainant went to Apollo Hospital, Bilaspur for treatment. The doctors of Apollo Hospitals, Bilaspur told the complainant that the complainant is having unbearable pain in abdomen and there is problem of flowing urine continuously and the condition of the complainant is very critical, therefore, they advised that the complainant be taken to A.I.N.U. Hospital, Hyderabad for treatment. As per advice of the Apollo Hospitals, the complainant was taken to A.I.N.U. Hospital, Hyderabad for treatment where test and examination was conducted and after completing all formalities, it was found that the present situation was created because the operation was conducted by the O.P. from the vagina, due to which the complainant is suffering from unbearable pain and she was passing urine continuously. The operation was conducted wrongly and the operation is not done from the vagina and fatal result is created. From the treatment given in A.I.N.U. Hospital, Hyderabad, the condition of the complainant was improved to some extent but her condition is not improving completely and still she is taking treatment in the above hospital. The O.P. has deliberately and without conducting test and examination conducted operation from vagina, which is wrong, due to which above condition was created. The O.P. committed medical negligence. The complainant is suffering from serious and unbearable pain in abdomen and is having continuous urine problem, which is due to the medical negligence committed by the O.P. The complainant is suffering from mental agony and financial loss. The present condition of the complainant occurred because the O.P. negligently conducted operation and negligently removed the uterus from vagina. The condition of the complainant is deteriorated day-to-day. The complainant would become alright from general treatment and less amount, but due to medical negligence committed by the O.P., the complainant was required to take treatment in Apollo Hospital, Bilaspur, A.I.N.U. Hospital and presently she is taking treatment in A.I.N.U. Hospital, Hyderabad. Till date the complainant incurred expenses of Rs. 15,00,000 in her treatment. The complainant sent legal notice to the O.P. on 25.2.2014, which was received by the O.P. The O.P. sent reply to the complainant on 12.3.2014. The O.P. did not pay compensation to the complainant till date. Hence the complainant filed the instant complaint and prayed for granting reliefs as mentioned in the complaint. [FINDING OF THE COURT] [ISSUES] [RATIO DECIDENDI] [FINAL DECISION]