The District Consumer Disputes Redressal Commission, Mahabubnagar, directed doctors at a Kalwakurthy hospital to pay ₹ 2 lakh as compensation to a patient who suffered renal problems post-surgery on grounds that the hospital had not filed sufficient evidence to prove that there was no medical negligence.
The commission was dealing with a complaint filed by G Neelamma (47), a Kalwakurthy resident. The opposite parties (OP) were Dr P Vani and Dr Umakanth from Srivani Hospital Maternity and Surgical Nursing Home.
The complainant was diagnosed with fibroid uterus and operated upon in April 2016. Soon, she began to show signs of dehydration, and problems in passing urine. She was not taken to the ICU, but moved to a ward. The OP referred her to the Osmania General Hospital (OGH) in Hyderabad where she was treated. The complainant stated that despite being treated there, the renal problem persisted and she has been on dialysis since. She approached the Kalwakurthy Police Station where a case was booked.
For their part, the OP denied all allegations. They stated that the complainant had approached a corporate hospital in Malakpet where she was asked to undergo hysterectomy, a procedure which the OP too had advised. She was given post-operative care, and her condition was diligently monitored. No risk factors were observed, therefore, monitoring the said condition in the ICU was not required. They pointed out that her condition after surgery was stable, but she suddenly developed anuria, a renal problem, for which she was given treatment, but remained unresponsive to it.
OP stated that test reports at OGH showed that the problem did not arise due to surgery. She was diagnosed with Thrombotic microangiopathy (TMA), a rare disease, caused by several factors, including genetics. After the police case was booked, an expert committee was constituted which stated that renal problems were not a result of surgery, and can be a result of several factors. Taking statements and evidence placed on record, the commission stated that the OP did not produce documents to show all precautionary measures followed. The commission observed that while the OP’s counter mentioned the expert committee’s observations, it was not produced before the commission as evidence to establish that there has been no medical negligence. It also observed that there was no evidence to show that the OP had managed precautionary measures for TMA. Apart from compensation, costs of ₹ 10,000 were imposed.
