SUMA A S Vs. HEMA DIVAKAR

JUDGEMENT

(1.) This appeal is by the complainant before the District Forum who had claimed compensation of Rs. 6,00,000 from the O.Ps., alleging negligence on their part in the matter of providing treatment to the complainant. O.P. 1 is a Gynecologist and Obstetrician practising in O.P. 2 Hospital. O.P. 3 is said to be an expert doctor in Endoscopic surgery.

(2.) The complainant s case, in brief, is that in October 1999 she had pain in her abdomen and approached O.P. 2 Hospital where O.P. 1 Doctor diagnosed her as a case of 3rd degree prolapse of Cervix and, thereafter, performed surgery on the complainant on 17.10.1999 in the presence of O.P. 3, and in the process, made use of Marceline tape to lift and keep the prolapsed uterus in its right place. After about 6 months, the complainant started getting severe pain in her abdomen. She approached O.P. 1 who advised her to take some antibiotics and pain killers. As the pain did not stop, she approached O.P. 1 again who advised the complainant to repeat the same. Ultimately, Ultrasound Scanning was done on 12.12.2000 which revealed collection of fluid at the sutured site. In spite of this Scanning Report, O.P. 1 continued to prescribe antibiotics and pain killers and also advised her to go for Yoga and exercises. Ultimately, on 17.11.2001, O.P. 1 admitted the complainant in O.P. 2 Hospital for removal of the Marceline tape under general anesthesia and performed surgery for evacuation of the so-called sterile abscess and removal of Marceline tape. After the surgery, complainant was informed that the sterile abscess was evacuated and the tape removed. However, the pain did not stop. On further consultation with O.P. 1, she advised the complainant to go for abdominal Hysterectomy. Thereafter, the complainant went to Kempegowda Institute of Medical Sciences (KIMS) Hospital where special C.T. Scan was done and the case was diagnosed as one of congenital elongation of Cervix. It was also diagnosed that Marceline tape in the abdomen was causing sustained infection leading to formation of abscess and pain. Complainant, thereafter, underwent operation at KIMS for removal of Marceline tape and draining of abscess. In the process, they also conducted Hysterectomy.

(3.) Complainant now contends that the O.Ps. have failed to diagnose the case properly at the initial stage itself inasmuch as the O.Ps. have failed to advise the complainant to go for standard Diagnostic Test of Ultrasound Pelvic Scan which would have revealed the exact problem that existed. The complainant further contends that six months after the so-called Endoscopic operation, when the complainant started experiencing pain in the abdomen, the O.Ps. also have failed to advise the complainant to go for Ultrasound Scanning. Instead, they advised her to take antibiotics and pain killers which was not proper course for treatment. She further contends that even after the Ultrasound Scanning revealed collection of fluid at the sutured site, the O.Ps. continued to prescribe antibiotics and pain killer or Yoga therapy instead of taking proper remedial steps and thereby made the complainant to suffer for more than 2 years which ultimately resulted in removal of the uterus at KIMS Hospital. The complainant has, therefore, contended negligence on the part of the O.Ps.