Hyderabad : The District Consumer Disputes Redressal Commission-I, Hyderabad, has directed a Secunderabad-based hospital and three of its doctors to pay Rs 10 lakh in compensation to the family of a woman who died following a hysterectomy in August 2021. An additional Rs 50,000 was awarded towards legal costs.
The court found the hospital guilty of medical negligence and deficiency in service, citing the absence of critical care infrastructure, such as a ventilator, and unqualified personnel conducting the surgery.
Case Background
The complaint was filed by the deceased patient’s husband, who alleged:
- His wife suffered a stroke and stopped breathing immediately after surgery.
- The hospital lacked proper emergency care, including a ventilator, ambulance, and even a ramp or lift for safe patient transfer.
- The surgery was conducted by non-gynaecologists, and the hospital failed to refer the patient to a nearby super-speciality facility, instead opting for a farther hospital in Ameerpet.
The patient was shifted using a manual breathing device, and though placed on a ventilator at the second hospital, she died the next day due to cardiac arrest.
Court Findings
The Commission:
- Relied on expert opinions from Gandhi Hospital and an investigation by the District Medical and Health Officer (DMHO), which ruled out neurological causes but cited respiratory failure due to delayed recovery from anaesthesia.
- Noted that doctors not listed in the hospital’s official records had conducted the procedure.
- Highlighted the absence of mechanical ventilator support as a critical failure.
- Invoked the principle of res ipsa loquitur (“the thing speaks for itself”), inferring negligence from the circumstances alone.
Order and Compliance
The hospital and the three doctors have been ordered to:
- Pay Rs 10 lakh to the complainant for medical negligence.
- Pay Rs 50,000 as legal costs.
They have been given 45 days to comply, failing which an interest of 6% per annum will be applied on the compensation amount.
