The patient delivered a healthy baby girl at a hospital under care of her doctor. She experienced stomach pain post-operatively, hence consulted the doctor. The doctor prescribed medicines, but did not perform any diagnostic tests to ascertain reason for stomach pain.

The patient continued to experience the pain for a very long time. An ultrasound scan was performed which reported adhesions at the anterior abdominal wall, at the incision site. Eventually, the patient underwent another corrective surgery performed by another doctor.

She sued the first doctor and alleged that she did little to alleviate her sufferings except prescribe painkillers.

The doctor contended that the patient had scar tenderness and the decision to perform caesarean was taken to safely deliver the child. The risks and benefits were explained to the patient and she was discharged in a fit and stable condition with an advice to follow up regularly. But the patient followed up only after one year and eight months with complaint of abdominal pain at the scar site, concluded the doctor. 

The Commission did not accept doctor’s defence. Instead, it accepted the submission of the doctor who had performed second surgery, which was as follows: 

“There was difficulty in opening the abdomen as uterus was plastered to anterior abdominal wall and ovaries also were deeply plastered into uterine mass which was removed. The main causes for infection were due to improper operation and also due to non-taking of suitable antibiotics”

Citing this opinion, the Commission observed that the patient was prescribed only painkillers instead of going through a thorough inspection. The doctor should have advised tests, and not doing so is medical negligence.

The doctor and hospital, where caesarean was performed, were held negligent and ordered to pay compensation.

Source : Order pronounced by Karnataka State Consumer Disputes Redressal Commission on 18th August, 2023.