|Discussion in 'All Categories' started by Anjana Srivastava - May 24th, 2014 4:36 am.|
I have been operated for dermoid cyst 1 year ago. It was bilateral dermoid cyst. After one year again when I got my ultrasound of abdomen done I found the cyst again. Please advice me how can I get compensation for that and it it a negligence of the doctor. I am very much frustrated and disappointed as I dont have any children also.
re: Dermoid Cyst Problem by Aditya Rajeshwar - May 24th, 2014 6:55 am
Dear Mrs. Srivastava
Thanks for your posting. Indian Penal Code, 1860 sections 52, 80, 81, 83, 88, 90, 91, 92 304-A, 337 and 338 contain the law of medical malpractice in India. These laws are made for protecting the legal rights of patient as a consumer.
In such cases of recurrence of dermoid cyst after laparoscopic surgery you can file the case in consumer court against the doctor and the gynecologist who has operated upon you should be able to prove that she has used reasonable surgical and medical care in the surgery to the best of his judgment.
It is very important for you to keep in mind that a surgeon or gynecologists are not liable for an error judgment because they are qualified and registered by the medical council. The court has given some immunity to the doctors so directly you cannot question and prove them wrong.
Ovarian cystectomy performed by laparoscopic surgery in many patient found to be is associated with a higher incidence of intra-abdominal spillage than laparotomy, but this not associated with any increase in morbidity.
Laparoscopic ovarian cystectomy results in a shorter hospital stay and less intra-operative blood loss than laparotomy done by open surgery.
It is a known fact that laparoscopic dermoid cyst surgery is associated with a significantly higher risk of recurrence.
If your gynecologist has explained you regarding the recurrence rate of the laparoscopic ovarian cystectomy then it is not a legal issue. If you have not been explained and the significant amount to remnant of dermoid cyst is left inside then you can ask for compensation.
Doctors practicing ethically and honestly and disclosing all the fact then there should not have any reason for fear. Law whether civil, criminally or consumer law, can only set the outer limits of acceptable conduct. Doctors has some immunity and minimum standards of professional care and skill is expected from them, leaving the risk versus benefit during surgery they have to decide what is ideal to the profession itself as a surgeon.
We need to see all your documents before giving any advice.
Aditya Rajeshwar, LL. B
re: Dermoid Cyst Problem by Ankita Thakur - May 26th, 2014 7:40 am
|Your cysts may be related to the previous cysts which has not been removed during surgery, but you could just be unlucky and got new ones which of course can not be so early. It is possible for cysts to go away or shrink in time, so let us hope for that.
Ask your gynecologist if they have a video recording of your laparoscopic surgery and if the cysts were drained or removed, drained cysts are much more likely to just fill up again. It is so hard to say anything specific regarding the outcome of laparoscopic surgery without knowing more about your case and without seeing the surgery video. Ask as much as you need to if you do not understand their explanations. Sorry I cant help you any more, it must be so frustrating.
re: Dermoid Cyst Problem by Stiven - May 27th, 2014 12:29 pm
|This case has no point.|
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