A 43-year-old man has successfully secured a significant legal victory against Labasa Hospital after it was determined that a surgical procedure was conducted without his consent. Judge Deepthi Amaratunga issued the judgment on February 25, ordering the hospital to pay a total of $123,998.91 in damages, which includes punitive damages, along with $6,000 to cover legal costs.
The plaintiff, Mumleshwar Prasad, who was represented by attorney Sushil Chand Sharma, claimed that the medical team failed to obtain his consent prior to performing a laparotomy and appendectomy. Prasad alleged that he was misled and taken to the operating theater under false pretenses, where he was rendered unconscious and underwent surgeries that he had not agreed to.
Prasad sought treatment for abdominal pain in 2019 and was admitted to the hospital for observation. After two days, he found himself in an operating room without a proper explanation or consent. Unfortunately, following the surgery, he faced serious complications, including an incisional hernia, which led to enduring pain and limited mobility for over a year. It wasn’t until a private doctor diagnosed the hernia that the underlying issue was addressed, necessitating further surgical intervention.
In its defense, Labasa Hospital argued that Prasad had been adequately informed about the surgeries and had consented. However, the court found the absence of written consent and the evidence provided favored Prasad’s case. The ruling emphasized the hospital’s failure to achieve informed consent and to maintain adequate communication regarding medical procedures.
This ruling highlights the vital importance of patient consent and transparency in healthcare. It serves as a poignant reminder of the responsibilities healthcare providers have towards their patients and underscores the rights individuals possess to make informed decisions about their medical treatments. The outcome offers hope for others who have encountered similar issues, reinforcing that such legal protections exist to safeguard patient rights.
Leave a comment