The judgment in this case is based on the conclusion that the operating surgeons did not exercise due caution to prevent known complication of the surgical procedure. This, however, is not based on any cogent finding. It is based on the presumption that the operating surgeons aware of the known possible complication of the surgical procedure could not prevent the complication because they did not exercise due caution.
This was a high risk complicated case of Invasive Hydatidiform Mole/ Chorio-Adenoma Destruens Neoplasm of Uterus that had spread out and invaded the urinary bladder. A surgical procedure of Open Abdominal Total Hysterectomy with Bilateral Salpingio-Oopherectomy (removal of diseased uterus with its two tubes and ovaries) was done. The surgeons were aware that in the proposed procedure Ureter and Urinary Bladder may be injured, as was evident from the high risk informed…
