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Critical Surgical Error Leads to Fatal Outcome, ₹2 Crore Compensation Ordered
The National Consumer Disputes Redressal Commission (NCDRC) has ordered a surgeon to pay ₹2 crore to a patient's family for gross medical negligence. The surgeon mistakenly removed the patient's healthy left kidney, leaving the diseased right kidney untouched. This surgical error resulted in prolonged suffering and the patient's eventual death.
Compensation Details Mandated by NCDRC
The NCDRC bench, led by President AP Sahi and Member Bharatkumar Pandey, awarded ₹1.5 crore as a lump sum for the negligence. Additional compensation includes ₹10 lakh for each complainant for loss of love and affection, and ₹1 lakh for litigation costs. Payments were set to accrue 6% annual interest from February 20, 2014, the date of the patient's death, increasing to 9% if payments were delayed beyond three months.
Medical Councils Confirm Negligence and Forgery
Pre-operative assessments correctly identified the right kidney as diseased and the left as normal. However, post-operative scans clearly showed the healthy left kidney had been removed, while the diseased right kidney remained. The patient required nearly two years of dialysis before passing away in 2014. The Uttar Pradesh Medical Council had previously confirmed the doctor's negligence, leading to a two-year suspension of his medical license. A forged case sheet was also discovered, a finding later upheld by the Medical Council of India. The NCDRC rejected the surgeon's defense that the operation was anatomically impossible, citing clear post-operative records of a 'right side nephrectomy.'
Justification for Substantial Damages Amidst Suffering
Although the family did not provide exact calculations for compensation, the NCDRC stated that the extreme circumstances justified significant damages. The profound loss of companionship and affection for the patient's children, along with the loss of her potential lifespan, supported the substantial award. This case underscores the vital importance of patient safety protocols and the severe consequences of medical malpractice, highlighting the accountability measures within the medical profession as demonstrated by the state and national medical councils.