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7. When the appellant was under general anaesthesia, respondent
rushed out of the operation theatre and told appellant’s mother that she
had started bleeding profusely and gave an impression that the only way
to save her life was by performing an extensive surgery. Appellant’s aged
mother was made to believe that there was a life threatening situation,
and her signature was taken to some paper. Respondent did not choose to
wait till appellant regained consciousness, to discuss about the findings of
the laparoscopic test and take her consent for treatment. The appellant
was kept in the dark about the radical surgery performed on her. She
came to know about it, only on 14.5.1995 when respondent\022s son casually
informed her about the removal of her reproductive organs. When she
asked the respondent as to why there should be profuse bleeding during a
Laparoscopic test (as informed to appellant’s mother) and why her
reproductive organs were removed in such haste without informing her,
without her consent, and without affording her an opportunity to consider
other options or seek other opinion, the respondent answered rudely that
due to her age, conception was not possible, and therefore, the removal of
her reproductive organs did not make any difference.
8. As she was admitted only for a diagnostic procedure, namely a
laparoscopy test, and as she had given consent only for a laparoscopy test
and as her mother\022s consent for conducting hysterectomy had been
obtained by misrepresentation, there was no valid consent for the radical
surgery. The respondent also tried to cover up her unwarranted/negligent
act by falsely alleging that the appellant was suffering from
endometriosis. The respondent was guilty of two distinct acts of
negligence: the first was the failure to take her consent, much less an
informed consent, for the radical surgery involving removal of
reproductive organs; and the second was the failure to exhaust
conservative treatment before resorting to radical surgery, particularly
when such drastic irreversible surgical procedure was not warranted in
her case. The respondent did not inform the appellant, of the possible
risks, side effects and complications associated with such surgery, before
undertaking the surgical procedure. Such surgery without her consent was
also in violation of medical Rules and ethics. Removal of her
reproductive organs also resulted in a severe physical impairment, and
necessitated prolonged further treatment. The respondent was also not
qualified to claim to be a specialist in Obstetrics and Gynaecology and
therefore could not have performed the surgery which only a qualified
Gynaecologist could perform.
The respondent\022s version
9. The appellant had an emergency consultation with the respondent
on 9.5.1995, complaining that she had heavy vaginal bleeding from
30.4.1995, that her periods were irregular, and that she was suffering
from excessive, irregular and painful menstruation (menorrhagia and
dysmenorrhea) for a few months. On a clinical examination, the
respondent found a huge mass in the pelvic region and tenderness in the
whole area. In view of the severe condition, Respondent advised an
ultrasound examination on the same evening. Such examination showed
fibroids in the uterus, a large chocolate cyst (also known as endometrical
cyst) on the right side and small cysts on the left side. On the basis of
clinical and ultra sound examination, she made a provisional diagnosis of
endometriosis and informed the appellant about the nature of the ailment,
the anticipated extent of severity, and the modality of treatment. She
further informed the appellant that a laparoscopic examination was
needed to confirm the diagnosis; that if on such examination, she found
that the condition was manageable with conservative surgery, she would
only remove the chocolate cyst and fulgurate the endometric areas and
follow it by medical therapy; and that if the lesion was extensive, then
considering her age and likelihood of destruction of the function of the
tubes, she will perform hysterectomy. She also explained the surgical
7. When the appellant was under general anaesthesia, respondent
rushed out of the operation theatre and told appellant’s mother that she
had started bleeding profusely and gave an impression that the only way
to save her life was by performing an extensive surgery. Appellant’s aged
mother was made to believe that there was a life threatening situation,
and her signature was taken to some paper. Respondent did not choose to
wait till appellant regained consciousness, to discuss about the findings of
the laparoscopic test and take her consent for treatment. The appellant
was kept in the dark about the radical surgery performed on her. She
came to know about it, only on 14.5.1995 when respondent\022s son casually
informed her about the removal of her reproductive organs. When she
asked the respondent as to why there should be profuse bleeding during a
Laparoscopic test (as informed to appellant’s mother) and why her
reproductive organs were removed in such haste without informing her,
without her consent, and without affording her an opportunity to consider
other options or seek other opinion, the respondent answered rudely that
due to her age, conception was not possible, and therefore, the removal of
her reproductive organs did not make any difference.
8. As she was admitted only for a diagnostic procedure, namely a
laparoscopy test, and as she had given consent only for a laparoscopy test
and as her mother\022s consent for conducting hysterectomy had been
obtained by misrepresentation, there was no valid consent for the radical
surgery. The respondent also tried to cover up her unwarranted/negligent
act by falsely alleging that the appellant was suffering from
endometriosis. The respondent was guilty of two distinct acts of
negligence: the first was the failure to take her consent, much less an
informed consent, for the radical surgery involving removal of
reproductive organs; and the second was the failure to exhaust
conservative treatment before resorting to radical surgery, particularly
when such drastic irreversible surgical procedure was not warranted in
her case. The respondent did not inform the appellant, of the possible
risks, side effects and complications associated with such surgery, before
undertaking the surgical procedure. Such surgery without her consent was
also in violation of medical Rules and ethics. Removal of her
reproductive organs also resulted in a severe physical impairment, and
necessitated prolonged further treatment. The respondent was also not
qualified to claim to be a specialist in Obstetrics and Gynaecology and
therefore could not have performed the surgery which only a qualified
Gynaecologist could perform.
The respondent\022s version
9. The appellant had an emergency consultation with the respondent
on 9.5.1995, complaining that she had heavy vaginal bleeding from
30.4.1995, that her periods were irregular, and that she was suffering
from excessive, irregular and painful menstruation (menorrhagia and
dysmenorrhea) for a few months. On a clinical examination, the
respondent found a huge mass in the pelvic region and tenderness in the
whole area. In view of the severe condition, Respondent advised an
ultrasound examination on the same evening. Such examination showed
fibroids in the uterus, a large chocolate cyst (also known as endometrical
cyst) on the right side and small cysts on the left side. On the basis of
clinical and ultra sound examination, she made a provisional diagnosis of
endometriosis and informed the appellant about the nature of the ailment,
the anticipated extent of severity, and the modality of treatment. She
further informed the appellant that a laparoscopic examination was
needed to confirm the diagnosis; that if on such examination, she found
that the condition was manageable with conservative surgery, she would
only remove the chocolate cyst and fulgurate the endometric areas and
follow it by medical therapy; and that if the lesion was extensive, then
considering her age and likelihood of destruction of the function of the
tubes, she will perform hysterectomy. She also explained the surgical
