A recent order of the apex consumer court should send out a warning to all those doctors and hospitals that resort to unnecessary surgical procedures, thereby putting the life of the patients at risk.
The order of the consumer court in this case actually unfolds a horror story. First of all, for a cystic ovary (which apparently did not require even a cystectomy at that stage) the complainant Mrs Varadha S. Nair is forced into hysterectomy (removal of the uterus) by her gynaecologist who paints a frightening picture of what would happen if she did not have hysterectomy.
The unfortunate events do not end there. During the surgery, the gynaecologist accidentally damages a portion of the small intestine (ileum) and a part of the large intestine too (colon) and then calls Dr P. S. Binu, a general consultant surgeon for help.
He cuts the colon further and waits for half an hour (with the patient’s stomach open) for someone to fetch the stapler gun from his house and then unnecessarily closes the colon. Then he decides to remove her appendix without consent. And then mistakes occur during the post-operative care too. In the end, Mrs Nair is forced to undergo several corrective surgeries in another hospital, to repair the damage done during the earlier surgery.
But the damage is so severe that despite the corrective surgeries, Mrs Nair is unable to lead a normal life. In fact, with faecal matter coming out regularly through the anus, vagina and colostomy, she lives in utter misery, suffering excruciating pain, requiring constant care.
The main issue that the apex court looks at in this case is whether a doctor can frighten a patient into accepting uncalled-for surgery and whether that constitutes deficiency in the service rendered.
After a detailed hearing, it concludes that since Dr (Mrs ) Remani Rajan is no more, Dr P.S. Binu and Vijaya Hospital are jointly and severally liable to pay the complainant Rs 9.5 lakh with nine per cent interest and Rs 25,000 as costs. (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 do consult another specialist. Do not take a hasty decision. There are any number of cases, where gynaecologists have done a Caesarean section unnecessarily. Similarly, there have been instances of doctors resorting to heart surgeries on patients who could well have recovered with just a change in lifestyle. So ask for full information from your doctor, and take an informed decision.





