Surgical Needle Found In Woman's Abdomen 12 Years After Surgery: Madras High Court Orders Probe
| She bore the pain for so many years, as she couldn't afford the "luxury" of seeking medical treatment, Court noted.
The Madras High Court has directed the Tamil Nadu Medical Council to conduct an enquiry after a woman alleged that a surgical needle was left inside her abdomen in a surgery, conducted 12 years ago. [2026 LiveLaw (Mad) 543]
Justice PT Asha was not willing to accept the doctor's argument that the woman had approached the court belatedly. The court noted that the woman belonged to lower strata of society and her economic condition did not permit her to take medical treatment for abdominal pain earlier.
“This Court cannot lose sight of the fact that the petitioner belongs to the lower strata of society, her husband being a daily wage labourer. That apart, the petitioner could have least imagined that a surgical needle would have been left inside her abdomen after her earlier surgery. The petitioner had apparently put up with the pain, as her economic condition did not permit her the luxury of seeking medical treatment,” the court observed.
The court also noted that the intra-operative report showed the presence of a needle which showed the careless manner in which the surgery was performed. The court thus opined that the matter required investigation and the woman's suffering could not be ignored just because she approached the court belatedly.
“The intra-operative findings dated 06.01.2022 record the presence of a needle measuring 5 cm on the left side of the abdomen. This finding clearly exposes the callous manner in which the surgery was performed. This incident definitely requires an investigation. This Court cannot overlook the negligence on the part of the 4th respondent Hospital and the suffering endured by the petitioner solely on the ground that she had approached the Court belatedly,” the court said.
The court was hearing a petition filed by Sangeetha, who had undergone Lower Segment Caesarean Section (LSCS) with Tubectomy, in 2010 Corporation Maternity Hospital, Ayanavaram.
The petitioner submitted that after discharge from hospital, she continued to suffer from severe abdominal pain, menstrual bleeding and physical discomfort, resulting in considerable weight loss.
In 2022, the petitioner went to Kilpauk Government Hospital following severe abdominal pain and vomiting. When she took an X-Ray, it was revealed that a surgical needle measuring approximately 5 cm was inside her abdomen. She underwent another surgery to remove the needle.
The petitioner submitted that the incident caused her severe physical pain, mental agony and financial hardship, as she was compelled to borrow money for her medical treatment.
She further submitted that though she had complained against the Doctor who performed the first surgery, no action had been taken. She had thus approached the court seeking directions to the authorities to take action against the doctor for her medical negligence and carelessness.
The plea was opposed on the ground that the woman had approached the court belatedly, after 12 years and till this time she had not taken any steps despite allegedly suffering pain.
The court has however not willing to accept this argument. Noting that inquiry was necessary, the court directed the Medical Council to hear both parties and pass appropriate orders.
Counsel for Petitioner: M/s. C.V. Salin Nisha
Counsel for Respondents: Mrs. Indhu Karunakaran SGP, Mrs.Nithya Muthukumaraswamy