Hyderabad: Consumer panel asks Germanten Hospitals to pay Rs 20L to patient for botched surgery

Hyderabad: Hyderabad District Consumer Commission–III has asked Germanten Hospitals to pay Rs 20 lakh to a patient who suffered permanent disability after botched-up surgery.

Case Background

The complainant, Pothana Suryanarayana, a resident of Secunderabad, sustained a shoulder dislocation and other injuries in a road accident on September 27, 2021.

He was admitted to the Germanten Hospitals on the same day, where doctors performed surgery to correct the displaced shoulder bone. He was discharged on October 2, 2021.

Allegations of Negligence

According to the complaint, despite repeated follow-up visits, the patient was examined only by junior doctors and his condition failed to improve.

When the surgery proved unsuccessful, and he was readmitted, doctors allegedly attempted to manually correct the shoulder after administering anesthesia instead of performing a corrective surgery.

The complainant further alleged that when he questioned the failure of the first surgery, the treating doctor stated that a junior surgeon had performed the surgery as there were multiple procedures scheduled that day.

Second surgery elsewhere

Following continued pain and restricted movement, the patient sought a second medical opinion and subsequently underwent another surgery at a different hospital.

He claimed that the initial surgical failure and lack of proper post-operative care resulted in permanent disability, besides causing severe physical pain and mental trauma.

Hospital’s Defence

The hospital, in its defence, denied all allegations of negligence. Its counsel contended that the complication arose because the patient did not properly follow the prescribed physiotherapy regimen.

The hospital also denied that a junior doctor had performed the surgery, stating that records showed only a limited number of surgeries were conducted on that day.

Commission’s findings

After examining medical records and hearing both sides, the Commission observed that post-operative prescriptions appeared to have been written by junior doctors.

It further noted that the hospital failed to produce any documentary evidence to show that physiotherapy was advised after the surgery.

The Commission held that the very fact that a second surgery became necessary established that the first surgery had failed. It also ruled that failure to provide adequate post-operative care amounted to negligence and deficiency in service.

Compensation ordered

Terming the lapse as medical negligence, the Commission directed Germanten Hospitals and the treating doctor to jointly pay Rs 20 lakh as compensation to the complainant, along with Rs 25,000 towards litigation costs.

The order reiterates that hospitals are accountable not only for surgical procedures but also for ensuring proper post-operative care and follow-up.