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Judgment
Dr. S.M. Kantikar, Presiding Member
The case of the Complainant is that she approached Dr. Madhulal, the OP for tubectomy operation. The OP examined her and informed that a small tumor was to be removed at the time of tubectomy operation. OP assured that the operation was minor and done easily. The OP performed the operation on 02.08.1990 in the District Hospital Azamgarh and discharged her on 17.08.1990. Thereafter, the patient consulted the OP privately at her residence on 27.08.1990 and 14.09.1990. It was alleged that despite operation her condition did not improve. The pregnancy test was done and found positive but the OP ignored it. The condition of the patient further deteriorated, therefore, on 19.09.1990 she consulted another Dr. Chandrawati at Krishna Medical Centre in Lucknow. It was alleged that Dr. Chandrawati informed the patient about the wrong operation performed by the OP which caused injury to ovary which further may lead cancer also. On 21.09.1990, Dr. Chandrawati operated the patient at Krishna Medical Centre and removed the ovary along with part of intestine with the assistance of Dr. R.P. Sahi. The patient was discharged on 26.10.1990 and she was kept under follow up till 20.10.1991 of Dr. Chandrawati.
Being aggrieved by the alleged wrong treatment, the Complainant filed a complaint before the District Forum, Lucknow.
The OP filed the written version and denied any medical negligence. The OP submitted that the patient was admitted in emergency at 11.00 pm with profuse bleeding, therefore, emergency surgery was performed. The attendants of the Complainant were informed to arrange blood. There was no medical negligence.
The District Forum dismissed the Complaint and the State Commission dismissed the Appeal filed by the Complainant. Hence, this Revision Petition.
Heard the learned Counsel on both the sides and perused the material on record, inter-alia Orders of both the fora.
It is evident from the medical record that the patient approached the OP on 31.07.1990 with the complaints of profuse PV bleeding for one day followed by restlessness. Her general condition was poor and she was in hemorrhagic shock. The OP explained about the life risk of the patient and administered Haemaccel and urgent blood was told to arrange by the patient’s relative. The foot end of patient was also raised. It is evident that she was given one unit of blood on 02.08.1990.
The operative notes revealed that it was hysterotomy operation and a unit of blood was transfused. The vesicular mole was removed and the operation was uneventful. The patient was discharged on 17.08.1990 and after about one month the pregnancy test was performed which showed positive result.
I have carefully perused the medical record of Krishna Medical Centre. On 26.09.1990, Dr. Chandrawati performed hysterectomy operation and for intestinal obstruction. The adhesions with 5 cm of intestine were removed and end to end anastomosis was done. The Histopathology report dated 02.10.1990 revealed there was placental polyp and chronic cervicitis.
I have gathered information on vesicular mole from the standard text books in Obstetrics and few medical literatures. As the patient was presented with symptoms of profuse bleeding, the OP took immediate steps for evacuation of vesicular mole by hysterotomy. The procedure was uneventful. The patients after of evacuation of vesicular mole, it is still possible for HCG (beta HCG) to be present in blood and urine for some days. From the progress sheet of Govt. hospital and the blood bank receipts, it is evident that the OP transfused the blood on 02.08.1990. Also the, patient was transfused Haemaccel which is used for reduction in effective circulating blood volume due to hemorrhage, loss of plasma.
Based on the entirety of the facts and discussion above, I don’t find there was any failure of duty of care or medical negligence attributed to the treating gynecologist. There is not merit in the instant Revision Petition, the same is dismissed.