The main legal point established in the judgment is that medical practitioners have a duty to address pre-existing conditions and complications arising from surgical procedures, and failure to do so may constitute medical negligence and deficiency in service.

ORDER :

J.S. Klar, Presiding Member

The complainants, being legal representatives of Smt. Santosh Kumari since deceased, have instituted this complaint under Section 17(1)(a) of the Consumer Protection Act, 1986 (in short the “Act”) against opposite parties (OPs) on the premise that Santosh Kumari since deceased visited OP Nos. 1 and 2 with them in the month of April 2017 for seeking advice with regard to her bariatric surgery. The OP Nos. 1 and 2 apprised her that the package for bariatric surgery would cost Rs. 2,65,000 including all expenses with its duration for period of one week. The requisite tests were got conducted for investigation on her on 29.4.2017 by OP Nos. 1 and 2. On 2.5.2017, above Santosh Kumari was referred for endoscopy i.e. bariatric package examination by OPs and after scrutinizing all test reports of investigation, OPs declared her fit for the above surgery and asked her to come on 11.5.2017 for that purpose. She was admitted at OP No. 1 hospital with diagnosis of Morbid Obesity with sleep apnea syndrome with asthma with hypertension with CAD with hypothyroidism with umbilical hernia. The complainants enquired from OP No. 2 that their mother Santosh Kumari was having hernia disorder and hence it should be repaired firstly or simultaneously with the above surgery, but OPs stated that there was no immediate need for its surgery for repairing the hernia and it could be done after one year from her bariatric surgery. The OPs stated to complainants that the problem of hernia has nothing to do with her bariatric surgery and they agreed for her above surgery and the OPs conducted the Mini Gastric Byepass Surgery on 11.5.2017 on since deceased Santosh Kumari. After her above surgery, she was shifted in the room by OPs. On next day on 12.5.2017, she started vomiting, when nurses gave some water and tea to her and after one hour, she again did vomiting. OP No. 2, the treating surgeon, suspected something wrong in her and he found gastrojejunal (GJ) obstruction at Gastrojejunal Anastomotic Site, as there was no flow of contrast seen across the Gastrojejunostomy even in the delayed 2 hours filum. Endoscopy was done on 13.5.2017, which revealed a clot at GJ with post operative edema of her. On 3rd POD, when the vomiting were persisting, X-ray of her abdomen was done by OPs on 14.5.2017, which revealed gas filled loops of small gut with multiple air fluid levels. Thereafter, the patient was taken for diagnostic laparoscopy on the same day, which revealed gross dilatation of afferent and efferent loop obstruction of the small bowel at umbilical hernia site along with disrupture of GJ anastomosis. Then OPs conducted another operation called exploratory laparotomy on her on 14.5.2017. Due to suture dehiscence at GJ, procedure i.e. Mini Gastric Bypass was converted to Roux En-Y of the patient. Thereafter, Bagota’s bag was applied by OPs on the stomach of the above patient, as it was not possible to close the abdominal wall with stitches at that time, because of gross dilatation/odema of bowel and laparotomy wounds was left open. OP No. 2, the treating surgeon, when examined her in the evening, found her condition very serious and stated to complainants that only a miracle could save her life. Thereafter, OPs installed some machine on her belly for discharge of fluids/water oozing out from her operative wound. After 2-3 days of shifting in the room, there was leaking of infected water/fluids, which kept on leaking out from the operative wound and the patient could eat the meals. The OPs forced the complainants for her discharge on 19.6.2017 by stating that she was stable and fit for discharge. The OPs also stated to complainants that her open wound would automatically heal and there was nothing to worry about the same, when the dilation would decrease, then the open stomach could be closed with stitches by them. After two days from her discharge, blood started flowing from her operated wound. The complainants intimated OP N