Appeal Against State Commission Dismissed
The National Consumer Disputes Redressal Commission (NCDRC) has upheld a Chhattisgarh State Commission order exonerating a hospital from charges of medical negligence in performing laparoscopic surgery and administering an allegedly prohibited painkiller. The complainant had alleged that improper diagnosis and treatment led to his wife’s death following surgery for ovary torsion in 2013.
Case Background
The patient underwent laparoscopic surgery in October 2013, with biopsy results suggesting a mucinous cystadenoma. Months later, tests at Mumbai’s Nanavati and Raheja Hospitals revealed cancer, which was suspected to have originated in the colon and spread to the ovary. The complainant claimed that the earlier histopathology report was negligently prepared and that a banned drug, Nimesulide, was wrongly administered.
Findings of the Commissions
The State Commission found no fault in the biopsy process, noting the report’s suggestion was subject to further probe. It held that there was no deficiency in surgery or diagnostics. The NCDRC agreed, stating there was no expert evidence to counter the hospital’s defence and no proof that the painkiller caused harm.
On the allegation of surgery without consent, the NCDRC pointed to signed consent forms and records showing that the patient’s attendants, including a doctor relative, were fully informed and had chosen laparoscopic over open surgery.
Final Order
Concluding that neither surgical negligence nor diagnostic error was proven, the NCDRC dismissed the appeal, affirming the State Commission’s detailed and exhaustive assessment.
