Document Fragment View

Matching Fragments

Thereafter, for a period of 12 days she was in the hospital for post operative treatment and was discharged. Even when she was in the hospital, she was repeatedly complaining to the doctors about the pain and bleeding and discharge of motion through vagina. The patients hardship and sufferings increased as the pain become unbearable. Therefore, she consulted doctors at her native place again and they advised her to consult Dr.Chandra Mohan, who after examining her suggested that she must undergo a colostomy operation. Accordingly, she underwent an operation at Sundaravadanam Hospital, Poonamallee High Road, Chennai, on 19.12.1996 and was discharged two weeks later. On 17/02/1997 when Doctor Chandra Mohan reviewed, it was found that the wound had not healed. Therefore, the patient was advised to undergo reconstruction of Sphinctor and closure of the Fistula. Accordingly on 14.04.1997 at Sundaravathanam Hospital, Chennai, she underwent surgery for reconstruction of Sphinctor and closure of the Fistula. She returned to her native place after the surgery and came back to Madras   periodically for medical check-up. The punctured portion of fistula had not closed. Therefore, the patient was advised to be on medicines for some more months. Dr.T.C.Chandran advised the patient to undergo another surgery which was done in B.S.S.Hospital, Madras.

3. The opposite party has filed a version pleading as follows:- It is true that the complainant was admitted in the hospital on 29/11/96 for hernia operation and Dr.Ravi fixed the operation for 30/11/96. It was a routine preparation and procedure and did not involve any risk. As a pre-operative measure, she was administered enema. There is no scope for any injury having been caused while administering enema because sophisticated method is used. The portion that is inserted in the rectum is absolutely soaked in warm water and only experienced and trained nurses administered enema. The very same   procedure was followed for the 1st complainants wife. There was no poking or puncturing of the sensitive organs especially of rectum and vagina. The enema that is administered is the proctoclysis enema which is given after breaking the seal. It is put in salt water and the portion that is inserted is fully softened by keeping it in warm water and hence thee is no scope for causing any puncture or fistula. After operation, the complainant was given usual post-operative treatment. The complainant never complained of pain in vagina or in anus. Nor there was any profuse bleeding. She was discharged to her satisfaction. It is not true to say that she repeatedly complained to the attending doctors about pain and bleeding and discharge of motion through vagina. The opposite parties are not aware whether the complainant consulted any doctor at Dindigul and she came to Madras to consult Dr.Chandra Mohan and Dr.Chandran. The test reports enclosed by the complainant would reveal that there was no symptom at all of any sort of complaint now projected by the complainant. It is stated that the patient was operated upon for rectoviginal fistula. There is nothing on record to show when the fistula came into existence. The complainant already had her uterus removed. The operation for hernia is neither major nor a minor operation. Whatever care that was necessary was taken. There is no negligence on the part of the opposite party. The patient was found fit for operation.

This repair done on 22.12.2010 was carried out by Dr.A.Rathinasamy along with Professer.S.M.Chandramohan who had already attended and patient at the first time on 17.12.1996 when the patient undergone first umbilical hernia in the opposite party hospital on 30.11.1996. Subsequently the very same doctor S.M.Chandra Mohan carried out various surgeries in the way of re-constructive rectification surgeries along with other doctors. As per the certificate issued by him under Ex.B12 in which it was stated that she underwent Sigmoid loop colostomy on 19.12.1996 as stage I of the surgery as primary repair of the Recto vaginal fistula was not attempted. She was discharged from the nursing home on 5th Jan 1997 with the advice to come back for defective repair of the fistula, which is to be done with the help of Plastic and Reconstructive Surgeon and she was readmitted on 13.4.97 on 14.4.97 Reconstructive Surgery was performed and discharged on 24.4.97. After clearance from reconstructive surgeon she was taken up for closure of colostomy in Jan 99 and on 1 Jan 99 under general anesthesia, closure of colostomy was done in two layers and she got readmitted on 1.2.99 with painful swelling in lakia and passage of motion per vaginal for 3     days and examination at that time and review by the plastic surgeon was done under anesthesia. Thereafter, they have decided to do Revision Colostomy and staple the distal end of the Colon and on 13.2.99 surgery was done. The Sigmoid colon was mobilized. Hicular cutter was applied to distal sigmoid. Proxmial sigmoid brought out as end colostomy. She was discharged on 19.2.99. Dr.T.C.Chandran, also issued a certificate, dated 25.09.1998 stated that she had a Recto Vaginal Fistula with total destruction of about 3 inches of the anterior rectal and posterior vaginal walls. She was incontinent for feaces. She was operated on 14.4.97 where reconstruction of both vaginal and rectal walls. After complete healing of the wound, it was found that she requires a secondary correction after 6 months. From these details it is clear that the patient Indra was suffering from the Recto Vaginal fistula with total reconstructive of interior parts for which she had undergone continuous treatment up to 2010 and those treatments were mainly given by Dr.Chandra Mohan. Dr.Chandra Mohan who has seen the patient for the first time in the opposite party hospital on 7.12.96. After the Umbilical hernia surgery was done by Dr.Ravi at the opposite party hospital on 30.06.1996 as Dr.Thillai referred the patient. A Discharge summary of the case sheet under Ex.B23 for the entries on 7.12.96 at 10.15 pm recorded as follows:

Mrs.Indira, who has been diagnosed to have Rectovaginal Fistula, was admitted at Sundaravadanan Nursing Home on 19 December 96.
She underwent Sigmoid loop colostomy on the same day as stage of the surgery as primary repair of the Recto Vaginal fistula was not attempt. She was discharged from the Nursing Home on 05 Jan 97 with the advice to come back for definitive repair of the fistula, which is to be done with the help of Plastic and Reconstructive Surgeon.

She had evaluation under Prof.T.C.Chandran, Reconstructive Surgeon and she was readmitted on 13 April 97. On 14 April 97-Reconstructive Surgery was performed. Veins gracitis Island myocutaneous flap. (She has details of that from Prof.T.C.Chandran). She was discharged on 24 April 97.