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Ahmedabad: A doctor from Ahmedabad's KMG General Hospital made a grave error while operating a patient in Gujarat. After four months of operation, the patient died following the doctor 'wrongly' removed his left kidney instead of stones.
The Gujarat State Consumer Dispute Redressal Commission has ordered the hospital to compensate Rs.11.23 lakh to the patient's kin. The court further directed the hospital to repay the patient's family with an interest of 7.5%.
The consumer court held the hospital immediately responsible for neglecting the patient care and information by his doctor. But, also for the negligence of its workers so long as the action happens within the course and extent of the employment. This liability is according to the principle of 'respondent superior' indicating 'let the master answer'," the court stated.
The victim, Devendrabhai Raval, was a resident of Vanghroli village in the Kheda district. He consulted Dr Shivubhai Patel of KMG General Hospital for his urination and severe back pain. After a few medical tests, he was diagnosed with a 14mm stone in his left kidney. Raval underwent an operation in the very hospital on September 3, 2011.
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After the operation, the patient's family was notified by the operating doctor that the entire left kidney of the patient was removed instead of the stones. Doctor said that removing kidney was necessary to save patient's life.
After the death of Raval, his wife filed the case in the consumer forum in Nadiad. The doctor, hospital and United India Insurance Company Limited were held accountable for medical intelligence.
The State Commission found that the hospital had an insurance policy for indoor and outdoor patients after hearing the words. Still, the insurer was not responsible for the medical negligence of the treating physician.
The operation was solely to remove the stone from the kidney. The patient's consent was only to remove the stone. But they removed the kidney of the patient as well. Therefore, it is a definite case of negligence on the part of the doctor and the hospital.
The Gujarat State Consumer Disputes Redressal Commission has imposed a penalty of Rs 11.23 lakh on KMG General Hospital, Balasinor for wrong operation.
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