NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
REVISION PETITION NO. 3812 OF 2011
(Against the Order dated 20/07/2011 in Appeal No. 81/2009 of the State Commission Himachal Pradesh)
1. MADAN LAL & ORS.
S/o Late Sh Shankar Chand, R/o Village Daka PO Palera, Tehsil and
2. Maste Shareshtha Bharati Nonir SOn,
Village Dhaka, PO. palera
3. Kumari Nanshee Wala Minor D/o madan Lal Son of Shankar Chand
Village Dhaka, PO. palera
1. DR. R.K. CHAUDHARY & ANR.
RK Nursing Home, VPO Bitra, Tehsil
2. Dr. Smt. Veena Choudhary
R.K Nursing Home, VPO Birta , Tehsil and
3. THE NEW INDIA ASSURANCE CO. LTD.
HON'BLE MR. JUSTICE J.M. MALIK, PRESIDING MEMBER
HON'BLE DR. S.M. KANTIKAR, MEMBER
For the Petitioner :Mr. Shaurya Sahay, Advocate
For the Respondent :For the Respondent Nos. 1 & 2 : Mr. K.G. Sharma, Advocate
For the Respondent No. 3 : Mr. Amit Kumar Singh, Advocate
Dated : 01 Apr 2016
O R D E R
DR. S. M. KANTIKAR, MEMBER
2. That in U/S scanning the normal (homogenous) and all normal (heterogeneous) tissue is differentiated and diagnosed as diseased one. Any lesion of the dimensions of two centimetres or less with inadequate heterogenicity is likely to be missed and more so when it is present in posterior wall of the uterus. As rightly said and taught and medical text “Images (i.e. Scan films) are good servants (guide) but bad masters “the repost of it is always to be correlated by the Specialist concerned with his/her clinical findings of the particular patient and so it is mentioned to correlate clinically. Also at times the report of different doctors may differ for the same patient and hence it is utmost essential to correlate the same with the clinical findings of the doctor concerned (Specialist asking for the U/S scanning).
1. Fibroid uterus with ovarian cyst which had been a sole indication for surgery is not supported by clinical findings as well as investigation. Available USG report does not confirm the above diagnosis.
2. Pre-operative & post-operative care given to the patient was a routine care which was modified according to the complaints of the patient.
3. On 15.07.2003 i.e. the 8th post-operative day the condition of the patient deteriorated for which no cause or diagnosis has been mentioned in the record and no relevant investigations to determine the cause of deterioration are mentioned in the record.
4. According to the death report issued by the Govt. Medical College, Chandigarh the cause of death was post-operative Pancreatitis with sepsis with Cardiorespiratory Arrest. No relevant record supporting the cause of death is available. Hence, opinion regarding cause of death and its co-relation with the deteriorating symptomatology of the victim on 8thpost-operative day may be sought from the doctor who examined and treated the patient after admission to Govt. Medical College Chandigarh.
“a) The report of the Ultrasound provided to us from the police department does not show any abnormality such as fibroids in the uterus or ovarian cyst. Also we do not know the clinical symptoms of this patient, we cannot say for sure whether the decision of the operating doctor to operate was right or wrong. There is no mention of the symptoms of menorrhagia. Also, we as internal medicine specialists cannot say about the indications of surgery in menorrhagia.
b) We also cannot say that any negligence has occurred especially as the cause of death has not been established. A post-mortem should have been done for a definite diagnosis of death.”
Will the ovaries be removed or left in place?The ovaries generally are not removed when a hysterectomy is performed for uterine fibroids. Removing the uterus alone will cure the bleeding and the size-related symptoms caused by the fibroids. Removing the ovaries is thus not required in treating fibroids as it is for other diseases like endometriosis or gynecologic cancers.
Many physicians were taught that at a set age (which varies between 35 and 50) women should be told that removal of the ovaries is recommended as part of the surgery, in the mode of “while we are there, we may as well.” The general teaching had been that ovaries don’t have any function after menopause and the risk of ovarian cancer increases with increasing age, so removing the ovaries near the time of menopause was a no-lose proposition. This was especially true if hormone replacement therapy could be used to help younger women transition to the time when they would naturally go through menopause.
In the instant case, the patient was 37 years of age. We do not find any justification to the act of OP, who performed TAH with removal of one ovary.
It further observerd that,
In the instant case the OPs failed on all counts.