Minor Girl Suffers 90% Disability After Surgery, Leg Amputated
New Delhi: The National Consumer Disputes Redressal Commission (NCDRC) has directed a Kolkata-based vascular surgeon and Nightingale Diagnostic and Medicare Centre Pvt. Ltd. to jointly pay ₹75 lakh in compensation to a minor patient who suffered 90% permanent disability following an Arterio-Venous Malformation (AVM) embolization surgery. The procedure resulted in post-surgical complications that led to the amputation of her right leg above the knee, allegedly due to medical negligence.
Hospital and Doctor Held Liable for Medical Negligence
The NCDRC bench, comprising Presiding Member Subhash Chandra and Member AVM J Rajendra AVSM VSM (Retd.), found the doctor and hospital guilty of negligence. The ruling cited misrepresentation of post-surgical complications, lack of adequate informed consent, and failure to explore alternative treatment options.
The Commission also clarified that hospitals cannot evade liability by claiming that a doctor acted independently while using their facilities.
Case Background: Surgery Leads to Tragic Outcome
The case involved a 17-year-old girl who had been experiencing swelling in her right gluteal region since 2000. Initially diagnosed as a neurofibroma, her condition worsened over time. In 2015, vascular surgeon Dr. Anirban Chatterjee diagnosed her with an AVM and recommended embolization surgery. The procedure was performed at Nightingale Diagnostic & Medicare Centre on September 16, 2015.
However, a small amount of N-Butyl Cyanoacrylate (NBCA) glue accidentally leaked into the main artery of her right leg. Although the surgeon reassured the family that a follow-up procedure would correct the issue, the patient developed gangrene due to loss of blood circulation. She was transferred to Sir Ganga Ram Hospital in Delhi, where her condition deteriorated further, leading to the amputation of her leg on September 22, 2015.
Allegations Against the Surgeon and Hospital
The patient’s family filed a complaint under the Consumer Protection Act, seeking ₹20.41 crore in damages. They alleged that:
- The surgeon failed to explore alternative treatments such as bypass surgery.
- The risks of glue leakage were not explicitly disclosed before the procedure.
- The hospital misrepresented the severity of the complications.
- There were no adequate preventive measures to address post-surgery risks.
Doctor and Hospital Defend Their Actions
Dr. Chatterjee and the hospital refuted the allegations, arguing that:
- AVM embolization is a high-risk procedure with potential complications.
- The patient’s family had signed a high-risk consent form acknowledging these risks.
- The glue ratio used during the procedure was within standard medical guidelines.
- Alternative treatments were not viable, as confirmed by other specialists.
- The hospital merely provided infrastructure, and the doctor was an independent consultant.
NCDRC’s Findings: Lack of Informed Consent and Post-Operative Negligence
The Commission found multiple lapses in the treatment, including:
- Failure to disclose risks properly: The consent form did not explicitly mention the possibility of glue leakage and its consequences.
- Deficient post-surgical care: The response to complications was inadequate, leading to irreversible damage.
- Hospital’s liability: The hospital could not escape responsibility just because the doctor was an independent consultant.
The Commission emphasized that informed consent is a fundamental patient right and ruled that the signed consent form did not meet legal standards.
Compensation and Penalty
The NCDRC ruled that the doctor and hospital must jointly pay ₹75 lakh as compensation within one month. In case of delay, a 12% annual interest would be applied until full payment is made. Additionally, the Commission ordered the hospital and doctor to pay ₹50,000 towards litigation costs.
The ruling underscores the importance of patient rights, transparency in medical procedures, and hospitals’ accountability for treatments conducted on their premises.
