A 43-year-old man has successfully won a lawsuit against Labasa Hospital after the medical team performed surgery on him without obtaining his consent. The decision, delivered by Judge Deepthi Amaratunga on February 25, mandates the hospital to pay $123,998.91 in damages, which includes punitive damages, as well as $6,000 to cover the costs of the legal proceedings.
The plaintiff, Mumleshwar Prasad, was represented by lawyer Sushil Chand Sharma. According to the statement of claim, Prasad accused the hospital of neglecting to acquire his consent prior to conducting a laparotomy and appendectomy, failing to provide adequate explanations for the procedures. He alleged that he was taken to the operating theater under false pretenses and was rendered unconscious against his will, leading to surgeries that he never agreed to.
Prasad had sought medical attention for abdominal pain in 2019 and was subsequently admitted to the hospital for monitoring. Two days into his stay, he claimed he was misled into surgery without proper consent. Following the laparotomy, Prasad endured significant complications, including an incisional hernia, which resulted in prolonged pain and impaired mobility over a span of more than a year. Despite reporting severe discomfort during follow-up visits at the hospital, the cause was not identified until a private practitioner diagnosed the hernia, which necessitated additional corrective surgery.
In defense, the hospital contended that Prasad had been informed about the procedures and had consented; however, the lack of written documentation and the evidence presented in court indicated otherwise. The court sided with Prasad, emphasizing the hospital’s failure to secure informed consent and maintain proper communication regarding the surgical procedures.
This ruling underscores the critical importance of patient consent and transparency in medical treatments, and it is a reminder of the accountability healthcare providers have to their patients. The outcome provides hope for others who may find themselves in similar situations, emphasizing that individuals have the right to make informed decisions about their healthcare.
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