New Delhi: The Supreme Court on December 2 dismissed an appeal by a doctor challenging the National Consumer Disputes Redressal Commission’s (NCDRC) ruling that held him liable for medical negligence after performing surgery on the wrong leg of a patient.
A bench comprising Justices PS Narasimha and Manoj Misra rejected the appeal filed by Dr. Rahul Kakran, an orthopaedic surgeon at Fortis Hospital in 2016. The case stemmed from a consumer complaint alleging that the surgery was conducted on the patient’s left leg instead of the injured right leg.
In June 2024, the NCDRC awarded the patient, Ravi Rai, compensation of ₹1.10 crores. The hospital was directed to pay ₹90 lakhs, while Dr. Kakran and another doctor were each ordered to pay ₹10 lakhs.
Dr. Kakran defended the procedure by claiming that an injury was identified on the left leg during surgery, for which the patient gave oral consent to proceed. However, the NCDRC found gross negligence, noting that all pre-surgery tests and consent forms pertained to the right leg. The Commission also observed that proper consent protocols were not followed for operating on the left leg.
“The complainant appears to have virtually escaped from the hospital and ran for his life due to the confusion caused by the opposite parties, who performed surgery on the left leg when the right leg was intended for treatment,” the NCDRC remarked. The patient later sought treatment at another hospital.
On December 2, the Supreme Court upheld the NCDRC’s findings, stating: “Having considered the matter in detail, we are of the opinion that the National Consumer Disputes Redressal Commission, New Delhi, has not committed any error in law or fact. In this view of the matter, the civil appeal is dismissed.”
Ravi Rai was represented by Senior Advocate Saurabh Mishra, assisted by Abhinav Shrivastava (AOR) and Shivang Rawat, while Senior Advocate Ranji Thomas appeared for the appellant.
