Hyderabad: The Hyderabad District Consumer Disputes Redressal Commission-1 has held Vitality Health Services, Secunderabad, and three of its doctors responsible for medical negligence in the death of a 38-year-old woman following a hysterectomy surgery in August 2021. The commission has ordered them to pay ₹10 lakh in compensation to the woman’s family.
Critical Care Failures Cited in Judgment
The commission stated that the hospital carried out a major surgical procedure without ensuring basic critical care infrastructure, including the availability of a mechanical ventilator. When the patient developed hypoxia and ceased breathing after surgery, the hospital was unable to provide immediate ventilator support.
Further, it was noted that the hospital lacked essential facilities such as a fully-equipped ambulance, a stretcher-accessible ramp, and a proper lift—all vital for emergency post-operative care.
Patient’s Condition Worsened During Transfer
Following the complication, the hospital shifted the patient to another facility in Ameerpet using a manual breathing aid. However, by the time she arrived, her condition had deteriorated significantly. Though she was placed on a ventilator there, she succumbed the following day due to cardiac arrest.
Complaint Filed by Husband, Medical Gaps Highlighted
The deceased’s husband, K. Ravi Kumar, filed a complaint alleging that the surgery was performed by non-gynaecologists and that the hospital lacked the necessary infrastructure. He also questioned why his wife was transferred to a distant hospital when other well-equipped hospitals were nearby.
Reports from the District Medical and Health Officer (DMHO) and expert opinions from Gandhi Hospital backed the complaint, stating that a delayed recovery from anaesthesia likely caused respiratory failure. No neurological cause of death was found, and it was revealed that unregistered doctors had performed the surgery.
Commission Invokes ‘Res Ipsa Loquitur’
The consumer forum invoked the principle of res ipsa loquitur—Latin for “the thing speaks for itself”—stating that the circumstances surrounding the case clearly pointed to negligence without the need for further proof.
A complaint against the second hospital, where the woman was eventually taken, was dismissed as no errors were found in their care.
Legal Proceedings and Compliance Orders
The commission also observed that earlier inquiries by the DMHO and the Telangana High Court had raised questions regarding ventilator availability and anaesthesia administration—queries that were never properly addressed by the hospital.
In addition to the compensation, the hospital has been directed to pay ₹50,000 as legal costs. The order must be complied with within 45 days, failing which the compensation amount will carry a 6% annual interest.
