SHAH HOSPITAL Vs. DALJEET KAUR

JUDGEMENT

(1.) This Revision Petition has been filed against the Order dated 20.12.2012 passed by the State Consumer Disputes Redressal Commission, Haryana (hereinafter referred to as the 'State Commission') in First Appeal No. 1310/11, which allowed the Appeal and set aside the dismissal order of the District Consumer Disputes Redressal Forum, Kaithal (hereinafter referred to as the 'District Forum') and held the Petitioners/Opposite Parties liable for medical negligence.

(2.) The Complainant - Daljeet Kaur (for short 'the patient') visited Shah Hospital (hereinafter referred to as the Opposite Party No. 1, Petitioner-1) with her complaints of abdominal pain, some menstrual problems and retention of urine off and on for last 2-3 years. The Gynecologist, Dr. Kiran V. Kumar (hereinafter referred to as the Opposite Party No. 3), examined the patient and diagnosed it as a stone in abdomen and suggested an operation for removal of uterus. On 24.09.2007, the Opposite Party No. 3 operated the patient and removed the uterus. The Complainant alleged that she was discharged from the hospital against her will on 28.09.2007 though she was getting pains, but the Opposite Party No. 3 gave assurance that she would get relief within few days. However, she did not get relief from the pain. She again visited the Opposite Party No. 1 hospital on 02.10.2007. The Opposite Party No. 3, after check-up, advised her to continue the same medicines and called her for regular follow-up. Thereafter, the Complainant suffered urinary bladder pain and on 24.11.2007, Dr. Mittal performed some procedure, but she did not get any relief. Thereafter, the patient got admitted in Kidney Centre at Chandigarh, wherein the doctors disclosed that the Opposite Party No. 3, while conducting hysterectomy operation, negligently punctured the urinary bladder. The Complainant, alleging deficiency in service and medical negligence on the part of the Opposite Parties, filed a Consumer Complaint before the District Forum, Kaithal.

(3.) The Opposite Parties filed their written versions and denied all allegations. It is submitted that the Opposite Party No. 1 Hospital is well equipped having all surgical facilities. The pre-anesthetic check-up (PAC) and fitness for surgery was given by Dr. Sanjeev Jindal (Anesthetist) and the hysterectomy was performed by Dr. Kiran V. Kumar, Opposite Party No. 3 under spinal anesthesia. During operation dense adhesions between uterine fibroid and urinary bladder were noted and it caused great difficulty to remove the uterus along with cervix. After the operation, the Opposite Party No. 3 duly informed the patient's husband that in future patient might suffer urinary problems. Post-operatively for next few hours in spite of administration of IV Fluids and injection Lasix (40mg) there was no urine output. Therefore, the Opposite Party No. 3 called Dr. A. K. Mittal a Senior Uro-surgeon for second opinion, who performed Cysto-urethroscopy under spinal anesthesia, and further relocated the ureters, inserted the stents and abdomen was closed. Thereafter, urinary flow easily started. The patient was discharged on 28.09.2007 with a urinary bladder catheter and advised for weekly follow-up. The patient visited the Opposite Party No. 1 Hospital on 27.11.2007 and stents were removed by Dr A. K. Mittal. At that time, Dr. Mittal noticed that the patient was suffering from Vesico-Vaginal Fistula (VVF) and same was disclosed to the patient and her attendants. She was advised periodic routine checkup.