Mumbai woman gets justice decade after doctors damage organs

Shreya Nimonkar and her husband Milind had also complained to the Maharashtra Medical Council and Medical Council of India, but got no relief from either

A Dombivli-based woman finally won the battle after a decade-long fight against two doctors over medical negligence. The doctors had unnecessarily removed her uterus, and caused damage to her urinary system in the process. The state consumer commissioner has directed the doctors to pay a total of Rs 28.5 lakh to the woman for medical negligence and physical, mental and financial agony faced by the woman and her family.

Shreya Nimonkar had developed some menstrual problems including excessive bleeding during periods in March 2010 at the age of 38, and hence consulted with Dr Seema Shanbhag at Shree Krishna Maternity Hospital in Dombivli East.

After following the advised treatment for a couple of months, she again visited the doctor as there was no relief. The doctor then advised her to undergo a dilation and curettage (D&C) test to find out the cause of the bleeding. After examining the report, Dr Shanbhag told Nimonkar to undergo hysterectomy or removal of the uterus immediately. On November 11, Dr Shanbhag and Dr Ujjwal Mahajan conducted the surgery, during which intraoperative ureteral injury was caused to both of her ureters.

Around 10 days after being discharged from the hospital, Nimonkar again approached Dr Shanbhag for abdominal pain, vomiting, burps and gaseous distention. Dr Shanbhag prescribed some medicines and tests. As the medicines did not work, Nimonkar was referred to a urologist after 42 days. The urologist said she had developed kidney complications due to damaged ureters and Nimonkar underwent another surgery in January 2011.

As this also did not bring any relief, Dr Shanbhag referred Nimonkar to the urology department of Sion Hospital where she had another surgery to place an artificial urinary system. She now has to take follow-up at Sion Hospital for the rest of her life as she frequently faces urine infection, swelling on legs among others.

Nimonkar and her husband Milind realised they were victims of medical negligence and sought expert opinion from Dr Milind Deshpande who said, "D&C report did not indicate malignancy of cancer. Laparoscopic hysterectomy is not advisable to the patient at the age of 38. The consent form taken before surgery was also not as per the standard protocol." Another expert, Dr Arun Ranade, said, "The patient's thyroid test was normal but she was given medicine for it."

Nimonkar then took the matter to the state consumer dispute redressal commission in 2012. She had also complained to Maharashtra Medical Council and Medical Council of India, but got no relief.

Advocate Pooja Joshi-Deshpande, for the Nimonkars, said, "The surgery was unnecessary but it was advised and carried out. Dr Mahajan failed to physically examine the patient and performed surgery without anasthetist's fitness report and standard consent of the patient. We kept on fighting the case, and on October 20, we finally got the final order."

Speaking on the matter, Nimonkar said, "It's tough for a layman to get justice. My whole family struggled for this. Many doctors also refused to give expert opinions. We have invested 11 years in this matter, but our persistent effort gave us success. I hope this will change some scenarios in future."

Rs 28.5 lakh
Compensation to be given by the two doctors