The Madras High Court has asked the Medical Council to investigate a matter of medical negligence in which a woman claimed that a surgical needle was left in her abdomen after her caesarean section and she suffered for 12 years due to the same. The High Court also pointed out the callous manner in which the surgery was carried out.

The High Court was considering a petition seeking a direction to the Respondents to take appropriate action against a doctor for her medical negligence and carelessness in the tubectomy surgery of the petitioner at the hospital.

The Single Bench of Justice P.T. Asha stated, “The intra-operative findings dated 06.01.2022 record the presence of a needle measuring 5 cm on the left side of the abdomen. This finding clearly exposes the callous manner in which the surgery was performed. This incident definitely requires an investigation. This Court cannot overlook the negligence on the part of the 4th respondent Hospital and the suffering endured by the petitioner solely on the ground that she had approached the Court belatedly.”

M/s.C.V. Salin Nisha represented the Petitioner while Special Government Pleader Indhu Karunakaran represented the Respondent.

Factual Background

The petitioner got married in 2008 and has two male children. Her second delivery took place in 2010 at the respondent Corporation Maternity Hospital, Ayanavaram, through Caesarean section. On the same day, she also underwent Lower Segment Caesarean Section (LSCS) with Tubectomy, for which a sterilisation certificate was issued by the hospital. She was admitted as an inpatient and thereafter attended follow-up check-ups. The petitioner claimed that even after discharge, she continued to suffer from severe abdominal pain, menstrual bleeding and physical discomfort, resulting in considerable weight loss. Despite undergoing treatment at various hospitals, her health condition did not improve.

Subsequently, due to severe abdominal pain and vomiting, she approached Kilpauk Government Hospital, where scanning and X-ray revealed the presence of a surgical needle measuring approximately 5 cm inside her abdomen. Consequently, she underwent another surgery for removal of the needle. The said incident caused her severe physical pain and financial hardship, as she was compelled to borrow money for her medical treatment. Despite her repeated representations, no action was taken, which led her to approach the High Court seeking the reliefs.

Reasoning

On a perusal of the facts of the case, the Bench noted that the petitioner belongs to the lower strata of society, her husband is a daily wage labourer and the petitioner could have least imagined that a surgical needle would have been left inside her abdomen after her earlier surgery. “The petitioner had apparently put up with the pain, as her economic condition did not permit her the luxury of seeking medical treatment”, it added.

The Bench noted that the presence of the needle in the petitioner’s abdomen was discovered by another Government Hospital and the discharge summary issued to the petitioner by the said Hospital took note of her earlier medical records except for the surgery performed at the respondent Hospital, namely, LSCS with Tubectomy. It was further noticed that the petitioner had not undergone any other surgery.

The Bench thus asked the Tamil Nadu Medical Council to issue notice to the Doctor and pass necessary orders on the representation of the petitioner. “The said exercise shall be concluded within a period of 2 months from the date of receipt of a copy of this order”, it directed.

Cause Title: M.Sangeetha v. The State (Case No.: WP No. 28856 of 2023)

Appearance

Petitioner: M/s.C.V. Salin Nisha

Respondent: Special Government Pleader Indhu Karunakaran, Advocate Nithya Muthukumaraswamy

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Madras High CourtJustice P.T. Asha

Tulip Kanth

Assistant Editor

Tulip Kanth is an Assistant Editor at Verdictum having over 5 years of experience in the field of legal journalism and editing. She extensively covers judgments of the Supreme Court, High Courts as well as Tribunals. She has previously worked with a legal publishing website where she oversaw the work of other editors and has also created updates on notifications of different Government Ministries. She holds an English Honours Degree from SGTB Khalsa College, Delhi University and has completed her LLB course with specialisation in Corporate Law from Amity University.