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Sponge Left in Patient After Surgery: Hospital Pays Big
29 Sep
Summary
- A surgical sponge was left inside a man's abdomen after gallbladder surgery.
- The retained sponge, a 'Gossypiboma', was discovered a year later.
- The hospital and doctors were ordered to pay Rs 5.12 lakh in compensation.
A patient in Himachal Pradesh received a Rs 5.12 lakh compensation order against a hospital and two doctors due to a surgical sponge left inside his abdomen. The incident occurred following gallbladder surgery performed on July 29, 2019. The retained surgical material, known as a 'Gossypiboma', was only detected about a year later in September 2020 when the patient experienced severe abdominal pain.
Following corrective surgery on October 1, 2020, to remove the foreign body, the patient alleged gross medical negligence. The District Consumer Commission agreed, citing the 'Res Ipsa Loquitur' doctrine, which means 'the thing speaks for itself'. The commission highlighted that leaving a surgical sponge inside a patient inherently constitutes gross negligence, requiring no complex expert testimony to prove fault.
The commission also awarded Rs 15,000 towards litigation costs. While the patient claimed financial losses for absence from work, the commission found this claim to be exaggerated, noting the lack of documentation supporting his assertion of remaining without salary during the COVID-19 pandemic. Insurers argued that claims were outside policy coverage periods.
