Woman Paid Rs 13 Lakh For Nuts & Bolts Found In Body 12 Years Post-Op

A woman who found nuts and bolts inside her body 12 years after surgery has been granted Rs. 13.77 lakhs compensation in November 2023, by the National Consumer Disputes Redressal Commission (NCDRC). The woman got the surgery at a free-of-cost private clinic in Pondicherry in 1991 and the foreign objects in her body went undiscovered till another surgery in 2003.

After her surgery at the free clinic, the woman faced many health issues like dizziness, shivering, chronic headaches, stomach aches and urinary tract infections. She consulted several doctors but the cause went unidentified for 12 years. The woman claimed negligence from the clinic, which offered her Rs. 50,000 for their negligence.

Compensation Demanded for Distress Caused 

The woman was not convinced and lodged a complaint with the State Commission under the Consumer Protection Act, seeking over Rs 85 lakhs, with an interest rate of 24% per year until the full amount is realised. The Commission partly allowed the complaint and directed the clinic to pay a compensation of ₹13.77 lakh for all the years of causing unbearable distress.

The NCDRC noted that while the woman did not have proof of the financial loss suffered during or post the surgery, she is eligible for compensation due to the clinic's negligence. Presiding NCDRC Member Sudip Ahluwalia and Member J Rajendra affirmed that she deserves the compensation for, "...the unbearable pain, suffering and hardship she had undergone and the sleepless nights and inability she faced in performing her day-to-day routine work as house-wife to render valuable service to her husband and her children."

The clinic has filed an appeal against this order before the NCDRC. Regarding the clinic's contention that the complaint was time-barred and that she should have taken legal action earlier, the NCDRC noted, "The existence of the foreign body (bolt and nut) inside the body of the Complainant was found and confirmed during October 2003 and was removed on 10.12.2003," the order noted.

Finding that the surgery, the complainant's suffering and the removal of the foreign objects were conclusively established, the NCDRC refused to interfere with the State Commission's order. The clinic was represented by Advocates Senthil Jagadeeshan and Sajal Jain.

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