Foreign object inside patient during root canal, endoscopic procedure without consent- TN Hospitals slapped Rs 7 lakh compensation
Medical Negligence
Chennai: The District Consumer Disputes Redressal Commission, Chennai (North), recently held Saveetha Dental College Hospital and Saveetha Medical College Hospital guilty of medical negligence and deficiency in service and directed them to pay Rs 7 lakh compensation to a city resident.
According to DT Next report, the bench observed that a foreign object entered the body of the patient during a dental procedure, and the subsequent endoscopic procedure performed on the patient lacked valid consent.
The matter goes back to August 2025, when the husband of the complainant underwent a root canal procedure. Allegedly, due to the failure in adhering to the standard safety protocols, including the non-use of a rubber dam, a sharp dental instrument slipped into the patient’s digestive tract during the procedure. Further, it was alleged that no informed consent was taken.
A consumer court bench comprising President D. Gopinath and members Kavitha Kannan and TR Sivakumar observed that the complainant had established a clear case of negligence in treatment administered to her husband.
"The material on record substantiates that a foreign object entered the patient’s body during the procedure," observed the consumer court. "The hospitals failed to rebut the allegations and are set ex parte," it further noted.
Apart from this, the DCDRC further held that the medical intervention, including an endoscopic procedure, which was conducted at the second hospital lacked the required valid consent or adequate preparation. It was observed by the Commission that the acts of the hospitals amounted to gross deficiency in medical service under the Consumer Protection Act, 2019.
As per the latest media report by DT Next, the Commission invoked the legal principle of res ipsa loquitor and ruled that the very nature of the incident indicated negligence.
Observing that the hospitals had failed to prove due care, the consumer court noted, "The complainant’s version remains unchallenged and is accepted."
Further, the Commission also took note of continued medical complications, mental trauma, and financial losses suffered by the patient, as well as the failure of the hospitals to furnish complete medical records despite repeated requests.
Accordingly, the consumer panel allowed the complaint and directed the two institutions to jointly pay Rs 5 lakh as compensation for medical negligence and Rs 2 lakh as punitive damages. An additional Rs 10,000 was awarded to the complainant towards litigation costs.
Apart from paying the compensation, the hospitals have also been directed to provide complete medical records, including consent forms and procedural details within 45 days.
In its order, the Commission mentioned that the failure to comply within 60 days will attract 9% annual interest on the amount of compensation awarded to the complainant from the date of filing of the complaint.
