In a significant ruling, the Namakkal district consumer disputes redressal commission (NCDRC) has directed a surgeon in Rasipuram, Tamil Nadu, to compensate a patient with Rs 12 lakh for a mishandled hernia operation. The decision, delivered on Tuesday, holds Dr. Ramesh accountable for medical negligence during a surgery that took place in August 2021 at a private hospital in Rasipuram.
The patient, 52-year-old M Raja, sought legal recourse after experiencing severe complications following the surgery. Dr. Ramesh had initially recommended the procedure after diagnosing Raja with a hernia, estimating the surgery cost at Rs 60,000. However, complications arose mid-operation due to an unexpected shortage of carbon dioxide gas, essential for the procedure, causing a significant delay.
Raja described experiencing excruciating pain during the surgery as he regained consciousness because of the anesthesia’s reduced effect. “I felt great pain during the surgery but the nurses pinned me down to complete the surgery even though I asked them to stop,” Raja recounted the harrowing experience.
Post-surgery, Raja’s health issues escalated. He suffered from severe discomfort, including an inability to raise his head and difficulty eating, coupled with a weight loss of seven kilograms. His condition worsened when he developed a high fever, prompting his transfer to another private hospital in Coimbatore. There, he was diagnosed with an abdomen infection linked to the implanted surgical mesh, necessitating further surgery to remove and replace the defective implant.
In response to these complications, Raja filed a complaint with the NCDRC in September 2022, accusing Dr. Ramesh of negligence. He highlighted issues such as the delayed surgery, the use of sub-standard mesh, and the initial shortage of necessary medical gas as factors contributing to his deteriorated health.
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After reviewing the case, the NCDRC, led by president V Ramaraj and member R Ramola, supported Raja’s allegations, citing ample evidence of medical negligence provided by the hospital where Raja received his subsequent treatments. The commission has ordered Dr. Ramesh to pay the stipulated compensation within four weeks.
