CONSUMER RIGHTS
Operational hazard

Always get a second opinion before going in for a surgery, suggests Pushpa Girimaji

IN April this year, a newspaper reported a horrifying incident: A perfectly normal person had been told that he had 75 per cent blockage in two of the arteries supplying blood to his heart and that he had to undergo angioplasty immediately.

As advised by the doctor, he deposited Rs 1.58 lakh and got admitted in the hospital. Fortunately for him, before the procedure could begin, he was seen by the Head of the Department of Cardiology, who after an angiography, told him that he had no blockages at all. And this was not a case of mixed up reports or mistaken identity. It was a calculated doctoring of the earlier report by another surgeon on the payroll of companies supplying stents and other disposables.

This case was reported from a government hospital in Delhi, but such cases are not very unusual in private hospitals. Besides the cost of such surgeries, and the physical and the psychological trauma that a patient undergoes in such cases, it puts the patient at risk unnecessarily.

However, a recent order of the apex consumer court should send a warning to all such doctors and hospitals. In this case, the apex consumer court found gross negligence at several stages — pre-operative, operative and post-operative. In this case first of all, for a cystic ovary, which apparently did not require even a cystectomy at that stage, the complainant, Varadha S.Nair, is forced into hysterectomy (removal of the uterus) by her gynaecologist by painting a frightening picture of what would happen if she did not have hysterectomy. The gynaecologist Remani Rajan even brushes aside the opinion of the doctor who does a pre-operative check up.

The unfortunate events do not end there. During the surgery conducted in July 1991 the gynaecologist damaged a portion of the small intestine (ileum) and a part of the large intestine (colon) and then called a general consultant surgeon P. S. Binu for help. He cut the colon further and used a stapler gun to staple it. The patient’s stomach is left open on the operation table for more than half an hour while someone is sent to fetch the imported stapler gun from his house. Then he removed her appendix without consent. And then mistakes occur during the post-operative care too.

Eventually, the damage caused due to the operation required several corrective surgeries in another hospital. Even till today, Nair is unable to lead a normal life. With faecal matter coming out through the anus, vagina and colostomy, she lives in misery, suffering excruciating pain, requiring constant care.

Coming down heavily on the doctors for gross negligence, the apex consumer court said since Remani Rajan had since died, Binu and Vijaya Hospital were jointly and severally liable to pay the complainant Rs 9.5 lakh with 9 per cent interest and Rs 25,000 as costs. (Mrs Varadhan S.Nair Vs Dr (Mrs) Remani Rajan and Ors (Original petition no 123 of 1997, decided on May 30, 2005).

So whenever a doctor suggests surgery, please consult another doctor. Do not take a hasty decision. Ask for full information from your doctor, you have a right to it. The internet is also a good source of information, so check there too. And remember, without explaining everything and taking your informed consent, a doctor cannot perform a surgery.

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