NCDRC Absolves Hospital and Doctor From Medical Negligence In A Case Of Hysterectomy Leading To Vesicovaginal Fistula

The National Consumer Dispute Redressal Commission, comprising the bench of Dr. S.S. Kantikar, dismissed the allegations of medical negligence against Kalyani-based SNR Carnival Hospital and it's doctor. The commission also referred to the opinion of the expert committee set up by the Chief Medical Officer of Health, Nadia at Krishnanagar while dismissing the complaint, which opined that since the choice of operation at carnival hospital was justified and post operative VVF is a known complication of TAH with BSO in the background of post LUCS adhesion, it cannot be concluded based on the available evidences that VVF resulted from any negligence in operation. The wife of the complainant had been operated upon, at the SNR Carnival Hospital back in 2013 and suffered post-hysterectomy Vesicovaginal Fistula. The NCDRC Bench also referred to the decisions of the Hon'ble Supreme Court in Rubi Dutta V. M/s United India Insurance Co. Ltd. and Sunil Kumar Maity V. State Bank of India and Anr and it was held as under:- "Based on the foregoing discussion and the principles laid down by the Hon'ble Supreme Court supra, I do not find any merit in the present Revision Petition and the same is dismissed.