Cotton left in patient’s body, hospital told to pay Rs 10.48L

A local court has directed the MD, Punjab Health Systems Corporation, to pay Rs 10.48 lakh, along with interest at 9% per annum to a woman who alleged that a doctor left a cotton gauge insider her urinary bladder during a caesarian operation at the Mohali Civil Hospital.

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The woman, a resident of Mohali, had filed a suit for recovery of damages of the abovesaid amount along with 12% interest per annum from the hospital for negligence on its part. She said she was admitted to Civil Hospital, Phase-VI, Mohali, on January 31, 2015, for delivery. She was advised caesarian operation, which was performed on the same day and thereafter, she was discharged from the hospital on February 10, 2015. Within three-four days of the discharge, severe pain started in lower parts of her body. She was immediately rushed to the civil hospital, where she was prescribed some medicines and medical tests. However, there was no improvement in her health.

Getting no relief from the pain and suffering, she approached some private hospitals, one of which diagnosed a stone. On June 26, 2015, when a doctor of the private hospital started performing the operation for removal of the stone, he found that there was a gauze (cotton roll/sponge) in the urine bladder. Thereafter, she underwent the surgery for its removal.

She alleged that this was due to gross negligence on the part of the civil hospital. She claimed that on this account she suffered mentally and financially. On the other hand, counsel of the hospital denied the allegations and raised objections. He said that

at the time of discharge the patient and the child were hale and hearty.

The private doctor told the court that the sponge must have remained in the urinary bladder during the caesarian He further deposed that after the removal of the sponge from her urinary bladder, the patient was fine.

After hearing the arguments, Rahul Garg, Civil Judge (senior division), Chandigarh, said that it had been proved that the cotton sponge had been left behind in the urine bladder of the plaintiff by the doctor concerned of the hospital. The court said that “it is duly proved on record that due to gross negligence of a doctor, while doing a caesarian operation, an FB gauze (cotton roll/sponge) had been left in the urinary bladder of the plaintiff, and as such, she had to suffer immense pain, mental torture, agony, harassment and sufferings. In view of this, the plaintiff (woman) is held entitled to the recovery of Rs 10.48 lakh at 9% per annum from the date of filing of the suit.