Children to get Rs 6 lakh payout after mother dies post ‘negligent’ ovarian cyst surgery

In a case of medical negligence, the National Consumer Dispute Redressal Commission (NCDRC) has increased the compensation awarded to the children of a Kerala woman who died following a negligent ovarian cyst surgery in 2007. The commission, led by President A P Sahi and Member Bharatkumar Pandya, listened to an appeal by a doctor and a nursing home against a verdict from the Kerala State Consumer Commission that had found them guilty of medical negligence.

The NCDRC ruled that the surgeon and the nursing home had exhibited clear deficiency in their treatment of the woman, who died due to septicemia (blood poisoning) six days after the surgery. The commission held that the surgeon was aware of the potential risks of accidental ureter injury during gynaecological or abdominal surgeries, especially when dense adhesions were present due to past surgeries.

Despite this, the surgery was performed negligently, without the presence of required specialists. The children had contended that the compensation awarded to them was too low and urged the NCDRC to increase it. The commission acknowledged that while the doctor could not be held liable for the woman's death, their contribution to her demise could not be completely ruled out.