SWETA KHANDELWAL Vs. DR. A.K. JAIN

JUDGEMENT

(1.) Gossypiboma, a retained surgical sponge, is a rare complication following any surgical procedure and is primarily a result of human error. Such patients often have vague clinical presentations and the diagnosis often comes as a surprise. Thus, all general physicians, surgeons and radiologists must be aware of this rare iatrogenic disorder but clinically significant entity having medico-legal implications.

(2.) Brief facts that on 13/9/2012, Dr. A. K. Jain (hereinafter referred to as the 'Opposite Party No. 1 ') and Dr. Usha Jain (hereinafter referred to as the 'Opposite Party No. 2) performed Caesarian delivery (LSCS) of Sweta Khandelwal (hereinafter referred to as the 'Patient ') at Rishabh Medical Centre, Delhi (hereinafter referred to as the 'Opposite Party No. 3 '). The patient was discharged on 18/9/2012, though her condition was not good. She approached the doctor again, but she was sent back stating that everything was fine. Her stitches were removed, but she was not feeling well. She again visited the doctor who told that it was a problem of indigestion. On 23/9/2012, she developed unbearable abdominal pain and her abdomen was swollen like balloon. On the next date, she was admitted to St. Stephen Hospital at Delhi and was operated. During operation, the doctors found infected sponge and 1.5 liters of pus in the pouch of Douglas (POD). She was discharged on 11/10/2012. Thus, being aggrieved by the alleged carelessness of the Opposite Party No.1, the Complainant filed a Complaint before the District Forum, East Delhi.

(3.) The Opposite Parties Nos. 1 to 3 filed their Written Version and raised the question of maintainability of the Complaint as there was no cause of action against the Opposite Parties and the Complaint was bad for misjoinder of Parties. The Opposite Party No. 1 never participated in the surgery. The Opposite Parties strongly denied that any sponge was left in the abdomen during surgery. It was further submitted that the Complainant had not disclosed about her previous Caesarian operation at Rajasthan. Therefore, there was a possibility of the sponge being left in the body at previous Caesarian operation and the same remained in existence. It was further submitted that during the present Caesarian operation, the operating doctor did not touch the back of uterus, i.e. portion from where alleged sponge was removed.