The National Consumer Disputes Redressal Commission (NCDRC) on Thursday upheld Rs. 13.77 lakh compensation to a woman who found nuts and bolts in her body 12 years after she underwent a hysterectomy at a nursing home in Puducherry.
Following the ruling of the State Consumer Commission, the clinic had filed an appeal in the NCDRC. Eye Bolt Bearing
“…. the unbearable pain, suffering, and hardship she had undergone and the sleepless nights and inability she faced in performing her day-to-day routine work as a housewife to render valuable service to her husband and her children. In addition, she suffered financial loss during the relevant period,” NCDRC members Sudip Ahluwalia and J Rajendra said while upholding the previous order of the State Consumer Commission.
“While the complainant did not produce any documents in respect of financial losses caused to her towards her treatment for 12 years and other losses due to erroneous and negligent operation performed by the OPs, she deserves to be appropriately compensated,” they added.
Holding the clinic that operated the complainant guilty, the NCDRC said there was no evidence that she had undergone any other surgery.
After surgery in 1991, the complainant alleged that she faced many health issues like dizziness, shivering, chronic headaches, stomach aches, and urinary tract infections. Six years later, she consulted a renowned urologist in Puducherry who told her that there was a butterfly-shaped object inside her.
In 2003, she underwent another surgery which identified the foreign objects left inside her body due to the operation in 1991 as ‘nut and bolt’.
Advocates Senthil Jagadeeshan and Sajal Jain, representing the clinic, argued that the complainant provided no evidence in Court against the clinic. They further flagged the 12-year delay calling the complaint time barred.
“In 1997, the complainant sought medical help from Dr Janarthanan and underwent a kidney X-ray, which revealed a ‘butterfly-shaped object’. However, the doctor did not provide appropriate guidance, leading to the complainant being completely uninformed about the presence of foreign objects…Therefore, clearly, the existence of the foreign body (bolt and nut) inside the body of the complainant was found and confirmed during October 2003 and was removed on 10.12.2003,” noted the commission rejecting the clinic’s arguments.
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