Thiruvananthapuram Hospital Exonerated from Medical Negligence Charges

Background of the Case

The State Consumer Disputes Redressal Commission in Kerala has recently cleared a Thiruvananthapuram hospital and its urologist of allegations related to medical negligence during a kidney stone removal surgery. The case dates back to 2014 when a patient reported severe pain in the left side of his abdomen and consulted the treating physician at the hospital.

Initial Consultation and Diagnosis

After an examination and relevant tests, the doctor prescribed medication for the patient. Despite the initial treatment, the patient experienced recurring stomach pain a few days later. An ultrasound scan subsequently revealed a 5 mm kidney stone on the right side and two stones measuring 10 mm and 6 mm on the left side.

Subsequent Treatment and Surgery

The treating physician advised follow-up after ten days. Upon this revisit, it was noted that the stone on the right side had disappeared, while the two stones on the left side remained unchanged. Following the doctor’s recommendation, the patient was admitted to the hospital for surgery. After the procedure, the patient experienced ongoing pain on the left side and returned to the doctor. An X-ray analysis indicated a stone in the kidney that required crushing, and the patient was instructed to return after three months.

Allegations of Negligence

The complainant accused the doctor of concealing information and claimed that the negligence of both the doctor and the hospital resulted in unnecessary pain and suffering. He subsequently filed a complaint alleging medical negligence against the physician and the hospital.

District Commission Proceedings

During the proceedings before the District Commission, neither the doctor nor the hospital appeared to contest the allegations. The complainant submitted a proof affidavit, but the District Commission ultimately dismissed the complaint after reviewing the evidence presented.

Appeal to the State Commission

Dissatisfied with the District Commission’s ruling, the patient appealed to the State Commission, arguing that the medications prescribed by the doctor had caused the right kidney stone to disappear, leading to surgery solely aimed at addressing the stones in the left kidney.

Commission’s Findings

The State Commission noted that there was insufficient evidence to confirm the presence of stones exclusively in the left kidney prior to the surgery. The Commission remarked, “It is not discernible from the evidence on record whether the kidney stone on the right kidney alone was crushed and removed or not.” Additionally, the complainant failed to provide the discharge summary from the hospital, which was critical for evaluating the treatment administered.

Conclusion of the Case

In light of the absence of the discharge summary and conclusive evidence, the Commission upheld the District Commission’s decision to dismiss the complaint. The Commission stated, “Since the discharge summary was not produced, it is not discernible as to what treatment was given to the complainant by the doctor in the hospital.” Thus, the operation conducted could not be deemed faulty based solely on the evidence available.

To view the detailed order, please click the link below:
Order Details

Related Cases

Additionally, the consumer court recently exonerated a hospital along with a gynecologist, surgeon, and anesthetist in a case involving an emergency hysterectomy for a patient with Placenta praevia grade IV.