LAWS(NCD)-2007-7-71

RAJNI TIWARI Vs. JABALPUR HOSPITAL AND RESEARCH CENTRE

Decided On July 03, 2007
RAJNI TIWARI Appellant
V/S
JABALPUR HOSPITAL AND RESEARCH CENTRE Respondents

JUDGEMENT

(1.) Brief facts of the case : This is a case of alleged medical negligence. Complainant was operated upon by the opposite parties for hysterectomy. It is alleged that during the operation OPs 2 and 3 (Dr. Smt. P. Dheerawani and Dr. Smt. Rama Shrivastava) were negligent as a result of which the urinary bladder of the complainant was cut at 2 to 3 places. The complainant was facing problem while passing urine for every 20-30 minutes.

(2.) The complainant was suffering from Fibroid Uterus with Menorrihigia and a lot of blood used to come out during the menstruation cycle. When the stomach of the complainant was opened during the surgery it was found that the size of uterus was inflated and multiple tumors were seen in the uterus. The urinary biadder was totally adherent to the back portion of the uterus which required separation of the two organs with a sharp knife during surgery, which would result thinning of the urinary bladder, as a normal process and would require time for healing the wound. As the complainant stated that she was experiencing pain during passing of urine, the gynaecologist suggested that this could be due to infection in the urinary tract. It is the contention of the gynaecologist, that complainant did not allege about the need to discharge urine every half an hour. She recommended that complainant should consult Dr. Golcha who is an urologist. She further contended that at the time of discharge from the hospital the complainant was not facing the problem of frequent urination.

(3.) After hearing the parties and going through the records, the District Forum dismissed the complaint. Dissatisfied by the order of the District Forum the complainants had filed an appeal before the State Commission which was also dismissed. Hence, this revision. Findings :