Patient Left Permanently Disabled After Unnecessary Spine Surgery, Hospital and Surgeon Held Guilty
The District Consumer Disputes Redressal Commission-2 in Hyderabad has held a private hospital and a spine surgeon guilty of medical negligence for allegedly performing an unnecessary spinal surgery that left a patient permanently disabled.
The Commission directed the hospital and surgeon to jointly pay Rs 50 lakh compensation to the patient for physical trauma, mental agony and financial loss suffered throughout her life. Additionally, they were ordered to pay Rs 20,000 towards litigation costs.
Surgery Performed for Grade-I Spondylolisthesis
According to the case records, the patient was diagnosed in 2019 with “L5-S1 Grade-I Listhesis” and admitted to the hospital, where she underwent L5-S1 stabilisation and Transforaminal Lumbar Interbody Fusion (TLIF) spine surgery performed by the treating surgeon.
The complainant alleged that she was informed surgery was the only treatment option and assured of recovery. However, after the operation, she reportedly became unable to walk or stand properly and continued to suffer from severe post-operative complications.
The patient further claimed that despite being under the surgeon’s supervision for nearly seven months, her condition did not improve and she was eventually advised to consult another doctor.
Patient Claimed Severe Post-Operative Complications
As per the complaint, the patient suffered continuous low back pain radiating throughout the body, numbness, recurrent fever and urinary infections following the surgery.
The complainant stated that before the surgery, she had been earning nearly Rs 70,000 per month, but afterward became completely dependent on her family for financial support and daily activities.
Hospital and Surgeon Denied Negligence
The hospital and surgeon denied allegations of negligence and argued that the patient and her family had been informed about all risks and complications associated with the procedure, including neurological deficits, infection, cerebrospinal fluid leak and prolonged ICU stay.
They maintained that informed written consent and video counselling had been conducted before the surgery. The surgeon also submitted that the patient tolerated the procedure well and that no intra-operative complications occurred.
Consumer Court Relied on Medical Reports and Expert Opinion
While examining the case, the Commission reviewed MRI findings, medical records and expert opinions from several institutions, including National Institute of Mental Health and Neurosciences (NIMHANS), St. John’s Medical College Hospital and other hospitals.
The Commission noted that the patient was diagnosed with Grade-I spondylolisthesis and later developed “Failed Back Syndrome” after surgery.
Referring to Meyerding’s classification of spondylolisthesis, the Commission observed that Grade-I and Grade-II cases are generally managed through conservative, non-surgical treatment methods and may not require surgery.
Commission Says Surgery Was Unnecessary
The Consumer Court observed that the hospital and surgeon failed to adopt conservative treatment options before proceeding with major spinal surgery.
The Commission further stated that the patient became bedridden and financially dependent after the operation, severely impacting her personal and professional life.
Holding the hospital and surgeon responsible for deficiency in service and medical negligence, the Commission ruled that the unnecessary surgery caused lifelong physical disability, mental trauma and financial hardship to the complainant and her family.
Accordingly, the Commission directed the hospital and surgeon to jointly and severally pay Rs 50 lakh compensation along with litigation costs to the patient.
