Hospital Liable: Colonoscopy Negligence Leads to Surgery

A Kerala consumer commission has held a hospital, its medical superintendent, and a doctor liable for medical negligence in a 2011 case. An elective colonoscopy was performed on a woman without her informed consent, resulting in a perforation of her colon. This necessitated emergency surgery. The commission directed the hospital to refund Rs 28,790 for the procedure and corrective surgery. Additionally, Rs 75,000 was awarded as compensation for pain and suffering. The commission emphasized that informed consent is crucial. The patient had approached the hospital for abdominal discomfort. Despite normal test results, she was advised a colonoscopy without exploring less invasive options. The procedure proceeded without adequate pre-procedure assessment or informing the patient of potential risks, including perforation. The commission noted that the procedure notes were "cryptic," justifying an adverse inference of inadequate care. The hospital's defense that the patient's bystanders were informed was not accepted by the commission. This ruling underscores that medical professionals must obtain informed consent directly from patients to avoid liability for negligence. For consumer grievances, helplines are available at the state and national levels.