Kochi: The National Consumer Disputes Redressal Commission (NCDRC) has enhanced compensation to Rs 6 lakh for the children of a Kerala woman who died following complications after surgery for an ovarian cyst. The commission held that shortcomings in post-operative care contributed to the fatal outcome.
Surgery complication was not itself negligence
The case dates back to 2007, when the woman underwent surgery after being diagnosed with a cyst on her right ovary. She had also undergone two earlier abdominal surgeries.
The NCDRC observed that ureter injury can be a recognised risk during abdominal and gynaecological procedures, particularly where previous surgeries may have caused adhesions. It therefore did not hold the surgical injury itself to constitute negligence.
Delay in care became a serious concern
However, the commission found shortcomings in the treatment provided after the operation. The woman developed persistent vomiting and abdominal pain and was later readmitted when her condition worsened.
The NCDRC noted that a timely urological consultation and appropriate diagnostic tests could have helped identify a possible ureter leak earlier. She was eventually shifted between hospitals and died from septicemia in June 2007.
The Kerala State Consumer Commission had earlier awarded Rs 3.75 lakh to her children. The NCDRC subsequently enhanced the compensation to Rs 6 lakh, holding that the doctor and nursing home had failed to demonstrate the required vigilance in post-operative management.
The ruling highlights the importance of timely assessment, specialist intervention and careful monitoring when complications emerge after surgery.