Virudhunagar: The District Consumer Disputes Redressal Commission (DCDRC), Virudhunagar, has directed a doctor and a private hospital in Aruppukottai to pay ₹3 lakh as compensation to a patient for performing surgery on the wrong ankle. Additionally, the commission ordered payment of ₹5,000 to cover the patient’s legal expenses.
Case Summary
The patient had been suffering from pain in his left ankle due to nerve weakness and Tendo Calcaneus Tendinitis. Initially treated with injections and medication, his pain temporarily subsided but returned after six months. Despite subsequent treatment in Madurai and Chennai, scans revealed a torn tendon in the left ankle, necessitating surgery.
The patient consulted Dr. Kumar at the Aruppukottai hospital for tendon repair in his left ankle. Following advice, he paid ₹35,000 and was admitted for surgery. However, after regaining consciousness post-surgery, he was shocked to discover that his right ankle had been operated on instead of the left.
Defense and Justification
The doctor and hospital argued that during pre-surgery examination, the right leg appeared more affected and required immediate treatment. However, this claim was based on physical examination alone, without any supporting scans. They advised the patient to return after two months for surgery on the left ankle.
Impact on the Patient
The patient alleged that the incorrect surgery rendered him unable to use either leg due to bandages on the right leg and untreated pain in the left. He later underwent corrective surgery at Maxcare Hospital, Trichy, and subsequently filed a consumer complaint seeking compensation.
Commission’s Findings
The DCDRC reviewed submissions and medical records, noting that the surgery on the right ankle was performed hastily and without due care. It emphasized that the patient had clearly described pain in his left ankle, making the error unjustifiable.
Verdict
The Commission held the doctor and hospital accountable for negligence, directing them to pay ₹3 lakh in compensation for the wrong surgery and ₹5,000 towards legal expenses. This case highlights the importance of thorough diagnosis and communication in medical practice to prevent such errors.
