Gujarat: Doctor removes kidney of patient instead of stones, court orders hospital to pay Rs 11.2 lakh compensation

By Lokmat English Desk | Published: October 19, 2021 12:14 PM2021-10-19T12:14:42+5:302021-10-19T12:16:16+5:30

In a shocking incident, a patient died after a doctor removed his left kidney instead of kidney stones. The ...

Gujarat: Doctor removes kidney of patient instead of stones, court orders hospital to pay Rs 11.2 lakh compensation | Gujarat: Doctor removes kidney of patient instead of stones, court orders hospital to pay Rs 11.2 lakh compensation

Gujarat: Doctor removes kidney of patient instead of stones, court orders hospital to pay Rs 11.2 lakh compensation

In a shocking incident, a patient died after a doctor removed his left kidney instead of kidney stones. The shocking incident took place in KMG General Hospital in Balasinor, Gujarat. Gujarat State Consumer Dispute Redressal Commission has ordered the hospital to pay compensation of Rs 11.23 lakh to the family of the patient. 

The patient identified as Devendrabhai Raval got himself admitted to hospital for removal of kidney stones. However the patient lost his life four months after his kidney was taken out. 

The consumer court observed,"The employer is responsible not only for his own acts or commission and omission, but also for the negligence of its employees so long as the act occurs within the course and scope of the employment. This liability is according to the principle of ‘respondent superior’ meaning ‘let the master answer." The court also ordered the hospital to pay compensation with 7.5% interest since 2012.

Raval from Vanghroli village of Kheda district was suffering from severe back pain and difficulty in passing urine after which he consulted Dr Shivubhai Patel of KMG General Hospital. 

He was diagnosed with a 14 mm stone in his left kidney in May 2011. The hospital advised him to go to a better hospital but he opted to undergo surgery in KGM hospital. He underwent surgery on September 3, 2011. 

During the surgery his kidney had to be removed, instead of the stone. After the surgery Raval began experiencing greater problems in passing urine, he was advised to shift to a kidney hospital in Nadiad. Later when his condition deteriorated further, he was taken to IKDRC in Ahmedabad. He succumbed to renal complications on January 8, 2012.

After Raval's death his wife Minaben, approached the Consumer Dispute Redressal Commission at Nadiad, which in 2012 ordered the doctor, the hospital and the United India Insurance Co Ltd to pay compensation of Rs 11.23 lakh to the widow for the medical negligence. The surgery was just for removal of stone from the kidney and the consent from the family was taken only for removal of stone, but the kidney was removed instead. Thus, it is a clear case of negligence on part of the doctor and hospital.

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