05 June 2024 Consumer Protection Act >> Consumer Rights   |   Medical Negligence >> Consumer Rights  

A recent court case shed light on shared responsibility during surgeries and the importance of clear location of procedures. The case involved a patient who underwent a caesarean section by Dr. Sheel Laddha and an umbilical hernia repair by Dr. Nilesh Tibdiwal on the same day, under the same anaesthesia. Unfortunately, a surgical sponge was left inside the patient's abdomen after the procedures.

Following the discovery of the foreign object, the patient sued both doctors for medical negligence. The State Commission initially found both Dr. Laddha and Dr. Tibdiwal liable, ordering them to jointly compensate the patient.

However, Dr. Tibdiwal appealed the decision. He argued that since he only performed the hernia repair in a distinct area of the abdomen, he could not have been responsible for the sponge left behind during the caesarean section. Dr. Laddha, who did not appear for the appeal hearing, maintained in her written arguments that she only assisted Dr. Tibdiwal during the caesarean section.

The court ultimately sided with Dr. Tibdiwal. They agreed that the location of the hernia repair and the misplaced sponge pointed towards negligence during the caesarean section, a procedure performed by Dr. Laddha. As a result, the court overturned the initial ruling, holding Dr. Laddha solely liable for the negligence.

The court also revised the compensation award, excluding the patient's father as he was not considered the direct recipient of the medical services.