Doctor, Hospital Liable for Hysterectomy Injury

A gynecologist and a hospital in Tamil Nadu have been ordered to pay Rs 5 lakh in compensation for medical negligence. The District Consumer Commission found the doctor liable for a ureter injury and subsequent fistula during a laparoscopic hysterectomy performed on November 8, 2022. The patient experienced complications, including blood-stained urine and urinary incontinence, post-surgery.

Despite the complainant's repeated complaints, the doctor and hospital allegedly failed to provide timely treatment. A CT scan referral revealed a right distal ureteric injury, leading to multiple corrective surgeries, including a vesico-vaginal fistula repair. The commission ruled that the injury resulted from negligent operation and affirmed the hospital's vicarious liability for the doctor's actions.

The commission awarded Rs 5 lakh for physical pain and mental agony, plus Rs 25,000 for litigation costs. This decision underscores accountability for surgical injuries and establishes precedent for substantial compensation in cases of medical errors causing severe suffering.