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A Haryana consumer commission has held a gynaecologist and a hospital liable for medical negligence after a woman allegedly continued to suffer pain and bleeding for months after a Caesarean delivery. The commission directed them to pay Rs 3 lakh in compensation and Rs 11,000 towards litigation expenses.

A bench of president Rajbir Singh and members Jasvinder Singh and Suman Rana of the District Consumer Disputes Redressal Commission in Yamuna Nagar observed that the woman suffered from abdominal pain and bleeding after the operation and incurred other expenditure on her hospitalisation, such as bed, medicine, food and special diet. The commission held that all this happened due to the medical negligence and unfair trade practices on the part of the doctor and hospital.

The October 12 order stated, “…it has clearly been proved, from the material on record, that the doctor and hospital failed to discharge their duties and committed an act of medical negligence, failed to follow the medical protocol, and he continued to treat the complainant merely based on guesswork and also manipulated the hospital record in his defence.”

The commission underscored that it was the duty of the doctor and the hospital to place on record a complete medical record of the complainant, but it failed to do so.

“It is a matter of common sense that, since the same doctor conducted the surgery during the pregnancy on the complainant, it was very easy for the doctor to detect the cause of pain and bleeding, and definitely, it can only be determined by way of ultrasound scan, etc, but the same was not prescribed by the doctor concerned,” it observed.

The complainant approached the commission alleging medical negligence by the doctor and hospital following the birth of her daughter through a Caesarean section on February 19, 2022. She alleged that she continued to suffer abdominal pain and bleeding after being discharged on February 21, 2022.

According to the complainant, despite repeated visits to the doctor, her symptoms persisted. Subsequent medical examinations allegedly revealed retained products of conception (leftover fetal or placental tissue) and blood clots in her uterus.

She underwent a dilation and curettage procedure at the hospital on June 4, 2022, but continued to experience pain and bleeding. A dilation and curettage is a minor surgical procedure where the cervix is widened, and the lining of the uterus (endometrium) is cleared. She later underwent another procedure at another hospital in Gurgaon on September 9, 2022.

The complainant alleged that the doctor and hospital had failed to follow proper medical protocols, causing her prolonged suffering and additional treatment expenses. She sought compensation for medical expenses, mental agony, and future treatment.

The doctor and hospital denied the allegations, maintaining that the delivery and subsequent treatment were conducted according to standard medical practice. They also disputed the medical reports submitted by the complainant and sought dismissal of the complaint.

The commission observed that the doctor and hospital failed to exercise due care while treating the woman, who continued to experience pain and bleeding after delivering a baby through a Caesarean section. It noted that despite her persistent symptoms, the doctor did not prescribe necessary investigations, such as an ultrasound.

The commission also found contradictions in the hospital’s written statement regarding the complainant’s follow-up visit and treatment. It observed that although the doctor and hospital claimed to have performed a dilation and curettage procedure on June 4, 2022, they failed to produce the complete treatment record for that date or the histopathological examination report they relied on in their defence.

It further held that the hospital’s failure to produce the complete medical records amounted to withholding the best available evidence, warranting an adverse inference. The commission concluded that the doctor and hospital had failed to follow the required medical protocol and had treated the woman casually, without exercising the care and caution expected of an ordinarily prudent medical practitioner.

The commission allowed the complaint and directed the gynaecologist and hospital to pay Rs 3 lakh in compensation and Rs 11,000 towards litigation expenses.

The judgment underscores the importance of timely investigations, proper medical protocols, and maintaining complete treatment records. It highlights that doctors and hospitals may be held liable for negligence when they fail to exercise due care, causing patients prolonged suffering and additional treatment expenses.

Consumers facing similar grievances may contact the consumer helpline in their respective states (Haryana: 1800-180-2087) or dial the National Consumer Helpline at 1915 for assistance.

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