Madras High Court directs infertility treatment centre to pay ₹40 lakh to woman for botched up surgery resulting in punctured colon

The Madras High Court recently directed a private infertility treatment hospital in Chennai and three of its doctors to pay ₹40 lakh to a Sri Lankan woman, who was left with a perforated colon and permanent disabilities following a botched up surgery related to her infertility treatment [Flora Madiazagane v GG Hospital]. .In a judgement passed on January 31, Justice G Chandrasekharan said that a doctor was duty bound and owed it to his or her patient to advise them on the risks of treatment, and to chose the most suitable course of treatment for such patient.In the present case, the Court noted, the defendants, the concerned hospital and three of its doctors, had failed to apprise the petitioner woman of the risks involved. It further said that the doctors had taken "unnecessary risk" that resulted in leaving the woman incapable of conceiving a child and had imposed life-long physical disabilities on her.The court was hearing a petition filed by the woman, Flora Madiazagane, a Sri Lankan Tamil settled in France, who had visited in Chennai in 2013 to seek treatment for infertility at the GG Hospital in the city. Madiazagane, who was 43-years-old at the time, was advised by the defendant doctors to undergo a 'Laparoscopic surgery and Adhosiolysis surgery' to remove a fibroid from her uterus. However, the surgery led to severe complications since the concerned doctors had failed to take into account her past medical condition and potential risks, the petitioner's counsel told the court.The petitioner remained in the intensive care unit at the defendant hospital for five days, after which she was shifted to another hospital by the defendants. At the second hospital, she was informed that her sigmoid colon had been perforated during the first surgery..The petitioner alleged medical negligence and sought a compensation of ₹1.5 crore from the defendants.The hospital and the doctors, however, denied the allegations of medical negligence and instead said that Madiazagane had failed to inform them that she had already undergone seven failed IVF cycles in France. The Court, however, said that while such non-disclosure on the petitioner's part was also a contributing factor to her condition, the medical evidence on record made it apparent that the concerned doctors had been medically negligent. "These repeated surgeries had affected enormously the plaintiff's health causing her lot of pain and untold sufferings during the period of treatment. Possibly, plaintiff could never give childbirth again; she suffered other disabilities related to repeated surgeries. Therefore, defendants are liable to compensate plaintiff for the pain and sufferings and disablement caused to her," the Court ordered.It further said that what was of relevance was the "inviolable nature of the patient's right in regard to his body and his right to decide whether he should undergo the particular treatment or surgery or not." In the present case, the doctors had failed to advise Madiazagane against the treatment given her medical history, advanced age etc. "In all probability the sigmoid perforation was the cause of apparent negligence on the part of the fourth defendant while performing adhesiolysis. It is not as though the defendants especially the fourth defendant did not aware of the plaintiff's past medical and surgery history. Defendants had taken unnecessary risk and in the process, risked the life of plaintiff," the High Court said. It, therefore, directed the defendants to pay Madiazagane a compensation ₹40 lakh with an annual interest of 12 percent from the date of plaint till the date of decree at the rate of six percent per annum from the date of decree till the date of realisation. Advocate V Manohar appeared for MadiazaganeSenior Advocate SR Rajagopal appeared for the defendant hospital and the three concerned doctors..[Read Judgment]