The High Court in Suva has ruled against the Ministry of Health, ordering it to compensate Mumleshwar Prasad more than $120,000 after he underwent surgery at Labasa Hospital without his consent. Prasad was admitted to the hospital on June 8, 2019, due to lower abdominal pain, and shortly after, underwent a complex surgical procedure that he did not consent to.
The court found a lack of written consent or any communication regarding the risks and options available for the surgery. Doctors at the hospital proceeded with the surgery without Prasad’s authorization and even administered anesthetics without his consent. Upon regaining consciousness, Prasad discovered that his abdomen was bandaged but was not given an explanation for the surgery or his condition by the medical staff.
Prasad left the hospital in a wheelchair, struggling with severe discomfort, and subsequently developed complications, including an incisional hernia that required a second corrective surgery at a private hospital where proper consent was obtained.
High Court Judge Justice Deepthi Amaratunga emphasized that patients expect trust and professionalism from healthcare providers, stating that the actions of the hospital constituted a serious violation of that trust. Prasad’s legal representation by Sushil Sharma Lawyers highlights the crucial role of advocacy in safeguarding patient rights in medical settings.
This case underscores the importance of informed consent in healthcare. Patients should feel assured of their rights to make informed decisions regarding their treatments. The ruling is a step towards holding medical institutions accountable for maintaining ethical standards in patient care, likely encouraging other patients to assert their rights in similar situations.
As health systems globally strive for higher standards of patient care, this case serves as a reminder that negligence and lack of communication can have severe consequences. It also reinforces the need for healthcare providers to prioritize informed consent, fostering trust and understanding in the doctor-patient relationship.
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