In a horrible incident and one of the most irresponsible occurrences, a patient in Gujarat who was brought to Ahmedabad’s KMG General Hospital died 4 months after the doctor mistakenly removed his left kidney instead of stones.
The Gujarat State Consumer Dispute Redress Commission has now ordered the hospital to compensate the patient’s relatives with Rs.11.23 lakhs.
Dr Shivubhai Patel of KMG General Hospital in Balasinor town was consulted by Devendrabhai Raval of Vanghroli village in Kheda district for severe back pain and trouble passing urine in this case. He was diagnosed with a 14 mm stone in his left kidney in May 2011. Raval was recommended to seek treatment at a more reputable institution, but he elected to have his operation at the same facility. On September 3, 2011, he underwent surgery. The family was taken aback when the doctor told them that instead of the stone, the kidney had to be removed. It was done in the best interest of the patient, according to the doctor.
The hospital was found personally accountable by the consumer court for failing to provide adequate patient care and information. The employer is liable for not only his own actions of commission and omission, but also for the negligence of his employees, as long as the action happens during the course and scope of employment. The principle of respondent superior,’ which means ‘let the master answer,’ applies to this liability, according to the court.
The operating doctor notified the patient’s family after the surgery that the entire left kidney of the patient had been removed instead of the stones. The family was also assured that it was done in the patient’s “best interest.”
Raval’s urine difficulties worsened after the surgery, despite the fact that he was meant to get better. He was admitted to Ahmedabad’s IKDRC Hospital, where he died in January 2012 from renal problems.
Following his death, his widow Minaben filed a complaint with the Consumer Redressal Commission in Nadiad, which in 2012 ordered the doctor, the hospital, and the United India Insurance Co Ltd. to pay the widow 11.23 lakh in medical negligence compensation.