A 38-year-old woman died on November 16, 2014, just over a month after allegedly undergoing cosmetic surgery at a Hisar hospital. Twelve years later, the National Consumer Commission has held the surgeon negligent for damaging a vital vein during the procedure and failing to detect internal bleeding. It has ordered him to pay Rs 16 lakh to her husband.
The National Consumer Disputes Redressal Commission (NCDRC) president Justice A P Sahi, and member Bharat Kumar Pandya were hearing a complaint filed by the woman’s husband alleging that negligent surgery and inadequate post-operative care by the surgeon led to his wife’s death. He sought nearly Rs 5 crore in compensation, including damages, loss of future income, medical expenses and compensation for the couple’s children and the woman’s parents, along with 12 per cent compounded interest.
“The surgeon is held guilty of medical negligence in the conduct of the surgery in negligently damaging a vital vein and also in failing to recognize the obvious signs of blood loss caused by internal bleeding, and in taking appropriate investigative and treatment steps, even in the face of falling blood pressure, non-reversal from anesthesia, difficulty in extubation and inability of the patient to maintain spontaneous breathing,” the commission said October 29.
The wife of the complainant man underwent abdominoplasty surgery and liposuction at a private hospital on the night of October 13, 2014. Her condition deteriorated after the surgery, and she was moved between hospitals before dying at another private hospital on November 16, 2014.
Surgeon failed to recognise signs of blood loss
According to the complaint, the couple had initially approached the surgeon of a private hospital for rhinoplasty surgery, a procedure to reshape the nose. The husband alleged that the surgeon persuaded them to add abdominoplasty and liposuction, describing them as simple procedures requiring only a day’s hospitalisation. However, the surgeon denied the allegations of negligence.
The commission examined the medical records and found that woman’s condition showed serious warning signs after surgery. Her haemoglobin, platelet and haematocrit levels fell substantially within hours. She also had falling blood pressure, difficulty coming out of anaesthesia and an inability to maintain spontaneous breathing.
She was shifted to intensive care and then taken to another private hospital in the early hours of October 14. The hospital recorded that she was in hypovolemic shock. Following this, she was taken to another private hospital, where further treatment was provided, and the damaged vein was identified.
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The NCDRC said the most likely explanation was that the right paraumbilical vein had been damaged or ruptured during the surgery. It held the surgeon negligent for the injury and for failing to recognise the signs of internal bleeding and take appropriate investigative and treatment steps. It also criticised the surgeon for not maintaining complete medical records, including details of the operation, vital parameters and medicines administered during and after the procedure.
Surgeon negligent, not hospital
The woman’s condition improved at the second private hospital she was taken to and she was discharged on October 29, 2014. The next day, her husband shifted her to another, the third private hospital against medical advice. She was readmitted to the second private hospital on November 9 with further complications, including perforation peritonitis, bowel gangrene, acute kidney injury and septic shock. She died there on November 16.
The commission held the surgeon negligent for damaging a vital vein and failing to respond to internal bleeding. However, it said the evidence did not establish that this negligence caused the complications that developed later or the woman’s eventual death. The commission held the surgeon liable for damaging a vital vein and failing to manage internal bleeding, but found insufficient evidence to link these failures to the woman’s eventual death.
It noted that her condition had stabilised at the second private hospital before she was shifted to the third one against medical advice. It also observed that she was shifted between hospitals again after October 29, and that the subsequent treatment at those hospitals was beyond the scope of the complaint. The NCDRC held the first hospital not liable, finding that the surgeon had assembled his own team, was not the hospital’s employee, and had provided the medical services independently.
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Takeaway
Patients should be fully informed about the risks of a procedure, insist on detailed written consent and preserve medical records, test reports and treatment documents. Hospitals and doctors must also maintain complete records and promptly investigate warning signs of post-operative complications rather than dismissing them.
For consumer-related grievances, individuals may contact consumer helpline in their respective states or call the National Consumer Helpline at 1915 for assistance.
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