Holding that a gynecologist negligently performed a laparoscopic hysterectomy causing a ureter injury and subsequent fistula, a Tamil Nadu District Consumer Commission held the doctor and hospital liable for medical negligence, directing them to jointly pay Rs 5 lakh as compensation for mental agony and deficiency in service.A bench of president A Meenakshi Sundaram and member R Vijaya also awarded Rs 25,000 as litigation costs to the complainant.“The injury sustained by the complainant was only because of the negligent operation performed by the doctor, and therefore we find that there is negligence on the part of the doctor, and the hospital, being the hospital, is also held equally responsible for the same,” the commission said on June 25.The order held that there is medical negligence and deficiency in service on the part of the hospital and the doctor.Hysterectomy complications led multiple surgeriesOn November 8, 2022, the complainant underwent a laparoscopic total abdominal hysterectomy (removal of the uterus) performed at Rajam Nursing Home. Immediately after surgery, the patient passed blood-stained urine. Post-discharge, she suffered from severe pain, blood in her urine, and continuous urinary leakage (incontinence), requiring her to use adult diapers.Also Read | Painkiller side effects cause life-threatening syndrome, woman wins Rs 5.5 lakh reliefThe complainant alleged that despite repeated complaints, the opposite parties failed to properly investigate the cause of her symptoms or provide timely corrective treatment.On November 17, 2022, as the complainant’s condition worsened, she again approached the opposite parties. The doctor directed her to undergo a CT scan, but after reviewing the scan results, the doctor did not disclose the findings to the complainant but instead referred her to the Department of Urology, JIPMER Hospital, through a referral letter stating that the CT scan revealed a right distal ureteric injury approximately two cm following the hysterectomy performed on November 8, 2022.Story continues below this adThe complainant was immediately admitted to JIPMER Hospital, where doctors diagnosed her with a right distal ureteric injury resulting from the hysterectomy. Here, she underwent cystoscopy and laparoscopic ureteric reimplantation with a stent. Because her urinary leakage persisted, she had to undergo further treatments at other clinics, eventually developing a vesico-vaginal fistula (an abnormal opening between the bladder and vagina). She had to undergo an open fistula repair surgery on March 23, 2023.According to the complainant, during this period, her husband passed away from kidney cancer on March 14, 2023. Due to her severe medical complications and repeated hospitalisations, she was unable to care for him during his final days, causing her intense physical pain and emotional trauma.Hospital denies negligence, blames patientThe hospital and doctor denied all the allegations. The hospital argued that it did not personally treat the complainant and therefore cannot be held liable and that he has been unnecessarily impleaded in the proceedings.It was specifically contended that both the complainant and her husband signed consent forms in Tamil and English after understanding their contents. According to the opposite parties, the consent documents clearly explained the possible complications associated with the surgery, and therefore the allegation regarding lack of informed consent is denied.Story continues below this adAccording to the opposite parties, there was no evidence of fistula either in their records or in the records of JIPMER Hospital at the time of discharge. The complainant may have developed the fistula because she allegedly failed to comply with the follow-up treatment advised by JIPMER Hospital.According to them, had she attended the recommended follow-up consultations in a timely manner, the subsequent complications could have been identified and managed earlier.Rs 5 lakh for negligence“It is an undisputed fact that the complainant had multiple fibroids in the uterus and, to remove the same at the opposite party’s hospital, the doctor performed Total Abdominal Hysterectomy with Bilateral Salpingo-Oophorectomy and removed the uterus on November 8, 2022″, the commission said.The order noted that the complainant was discharged from the hospital on November 9, 2022. Thereafter, the complainant visited the hospital on November 17, 2022, with a complaint of urinary incontinence. The hospital therefore advised a CT scan.Story continues below this adThe commission partly allowed the complaint, holding the hospital and doctor jointly and severally liable for medical negligence and deficiency in service. They were directed to pay the complainant Rs 5 lakh as compensation for physical pain, mental agony, and deficiency in service, along with Rs 25,000 as litigation costs within one month. Failure to pay within this period attracts 9 per cent annual interest from the order date until realisation.TakeawayThe commission affirmed that doctors remain accountable for surgical injuries, even when complications are labeled as “known risks.” It upholds hospital vicarious liability, ensuring medical facilities share full legal responsibility for their operating doctors. It sets a precedent for granting substantial monetary compensation when medical errors cause severe physical suffering, financial loss, and tragic emotional trauma.Consumers facing similar grievances may contact the consumer helpline in their respective states (Tamil Nadu: 044-25340050) or dial the National Consumer Helpline at 1915 for assistance.