Patient, Ku. Samiksha D/o Sachin Kokadwar aged 3 years visited multiple hospitals for alleviation of her suffering for complications arising after first operation at Acharya Vinoba Bhave Rural Hospital, Wardha, Maharashtra.

The Patient was taken to Kasturba Hospital, Sewagram on 10.05.2004, where the Doctor advised to see an urologist for better treatment as the condition of the Patient became very critical.

The Patient was thereafter taken to Vasant Nursing Home, Nagpur, where she was diagnosed by Dr. Suhas V. Salpekar, Senior Urologist and was operated for post operational discharge of urine from the stitches of the bladder.

It is averred that at that point of time, there was severe pus formation. The urologist operated upon the Patient, opined that there was cotton gauze, i.e. a foreign body which remained inside the bladder. It is alleged that the cotton gauze was left by the doctors of the first Hospital, where the initial surgery was performed during re-implantation of the ureter.

It is only due to the cotton gauze having been left behind that all the complications had occurred, which left a permanent black scar on the bladder.

It is argued that the principle of ‘res ipsa loquitur’ which apply to this case as thing speaks for themselves. It is further pleaded that since the vital organs of the Patient were not fully developed, there were symptoms of hernia growth and Dr. Suhas V. Salpekar has advised that the Patient should undergo a hernia operation in the coming months and the Patient though only three years old had to undergo hernia operation. The repeated operations left a permanent black scar on the operated part, which is also visible externally. [Para 3]

Recent case decided by the NCDRC (20.09.2019) on the issue of applicability of Doctrine of Res Ipsa Loquitur in a pediatric surgery case has been analysed critically and insight and relevant issues discussed in this paper. Suggestions have been recommended to prevent such cases in future and for the benefit of all stake holders and creating awareness among medical fraternity and general public on the issue of applicability of Doctrine of Res Ipsa Loquitur.