The apex consumer commission has ordered two Himachal Pradesh based doctors, surgeon R.K. Chaudhary and gynecologist Veena Chaudhary to pay Rs 10 lakh to the family of a woman who lost her life in July 2003 after they operated upon her and removed her uterus against her will.
The National Consumer Disputes Redressal Commission (NCDRC) board headed by Justice J.M. Malik announced the decision almost 13 years after the woman’s death due to the negligence of the doctors.
However, both the doctors refused any negligence on their part.
It was reported in the commission that the patient was suffering from abdominal pain and approached the doctors for the same. However, even without examining her properly, the doctors directly jumped into the diagnosis of fibroid uterus. The two doctors, in the pretext of menorrhagia and fibroid, decided to perform Total Abdominal Hysterectomy (TAH), an operation for removal of the uterus.
It was further said that unwanted TAH surgery further gave way to pancreatitis, which was instantly proved lethal in this case. In this way, it was a complete failure and negligence of the doctors.
The complaint filed by the member of the victim’s family stated that Usha Kumari first went to some other hospital for a checkup, and after that consulted the nursing home at Kangra. It was here that she was advised by the doctors to undergo ultrasonography on June 17, 2003.
On July 7, 2003, both the doctors conducted TAH operation for the removal of the uterus, it added further. The complaint also mentioned that, while performing an operation she was not given anesthesia which further deteriorated her condition.
Later, she was taken to a government hospital where she passed on July 16, 2003 due to acute blood loss.
The family filed the complaint before a district consumer forum claiming negligence on the part of both the doctors and asked for a compensation of Rs 10 lakh. But the plea was rejected by the district forum which led the family to file an appeal before the state commission which likewise got rejected once again.
This time, the victim’s relatives approached the NCDRC to file the complaint after the state consumer commission rejected their plea. Finally, the NCDRC came on board and investigated the matter.
The commission found that the victim was just 37 years old and had two minor children at the time of her tragic death.