Apenisa Waqairadovu 
[File Photo]
The Suva High Court has ordered the Health Ministry to pay over $120,000 to a man for undergoing surgery without his consent.
Mumleshwar Prasad was admitted to Labasa Hospital on June 8th, 2019 with lower abdominal pain, and following this, a complex surgery was performed.
There is no evidence of written consent or written advice as to the risks and options available for such surgical procedures.
The doctors of the hospital performed the surgery without consent, and anesthetics were administered by force.
The Court stated that when the plaintiff regained consciousness, his abdomen was plastered, and when inquired, the reason was not given by hospital doctors and nurses.
Prasad was discharged from the hospital in a wheelchair, and he could not even sit for a long period.
He later developed an incisional hernia following laparotomy and appendectomy.
Prasad was subject to a second corrective surgery, which was conducted at a private hospital where his informed consent was obtained.
The money to be paid by the Ministry of Health is for the claim of medical negligence regarding laparotomy and appendectomy and the manner in which Prasad was treated prior to and post-surgery procedures of laparotomy.
High Court judge Justice Deepthi Amaratunga states that a patient does not expect medical professionals to use force when administering anesthetic drugs.
He says that patients who are admitted to hospitals expect a level of trust and professional conduct from the medical and paramedical staff.
The High Court judge adds that this is a serious violation of trust by the hospital.
The victim was represented by Sushil Sharma Lawyers.
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