District Consumer Commission Exonerates Hospital in Urethral Stricture Case

Background of the Case

New Delhi: The District Consumer Disputes Redressal Commission, South II, Delhi, has recently cleared a hospital and its doctor of allegations regarding medical negligence that led to a patient’s death. The case dates back to 2015 when the patient experienced difficulties with urination and initially sought treatment at a nursing home. Following a routine urine examination, which returned normal results, the doctors prescribed medication for three days.

Treatment and Subsequent Events

In October 2015, the patient visited the hospital where he was examined by Dr. Aggarwal. The doctor collected urine and blood samples and advised the patient to refrain from urinating for two hours. Shortly after this period, the patient’s family was informed that a catheter would be inserted through the urethra.

After the two-hour wait, the patient was taken into the examination room for the catheter insertion. Reports indicate that loud cries were heard from the room shortly thereafter. The family was notified of the patient’s death shortly after the procedure was attempted. The patient’s family alleged that despite requesting a post-mortem, the treating doctor claimed it would not be necessary. Additionally, they contended that the hospital lacked essential facilities such as an ICU. The complainant, the patient’s son, sought compensation of Rs 18 lakh and Rs 35,000 for litigation costs.

Defense from the Hospital and Doctor

In response, the hospital and doctor asserted that the patient was admitted with urinary difficulty and presented prior medical documentation, including a six-month-old ultrasound report indicating significant urinary retention. Given the persistent symptoms, the provisional diagnosis of urethral stricture was made, and a treatment plan was initiated.

The hospital’s defense included the administration of pain relief and a urinary antiseptic. Despite efforts to assist the patient in passing urine, he was unable to do so. The standard medical procedure for such cases, they argued, involves catheterization to relieve urinary retention. During the procedure, the patient complained of pain, leading to its immediate cessation. Unfortunately, he exhibited signs of unconsciousness and suffered convulsions shortly thereafter. Emergency measures were undertaken, including airway management and cardiac support, but the patient did not survive.

The hospital also refuted claims that the family requested a post-mortem, stating they only sought a certificate of death. They emphasized that an ICU is not mandatory for smaller medical establishments, highlighting that necessary equipment was available.

Expert Opinion and Commission’s Findings

The Commission sought an expert medical opinion from LNJP Hospital. The findings indicated that the precise cause of the convulsions could not be determined without comprehensive examination and investigation. The report noted that the patient experienced sudden convulsions that were unresponsive to treatment and subsequently went into cardiac arrest.

Upon reviewing medical literature on dysuria and urethral stricture, the Consumer Court referenced a relevant Supreme Court case. It noted that the patient was previously treated for dysuria and had a provisional diagnosis of urethral stricture prior to the catheterization.

Conclusion of the Case

Ultimately, the District Consumer Court dismissed the complaint, concluding that the expert opinion indicated the convulsions were unlikely to result from the catheterization procedure. The court found no deficiency in the medical treatment provided. The complaint was dismissed with no order for costs, and a copy of the order was to be sent to the involved parties.

For further details, the order can be viewed [here](https://medicaldialogues.in/pdf_upload/delhi-dcdrc-no-medical-negligence-318224.pdf).

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Additionally, a separate case has been reported where two Delhi hospitals and a laparoscopic surgeon were granted Rs 1.55 crore in relief concerning a death during intestinal surgery.