NEW DELHI — In a landmark ruling regarding surgical accountability, the National Consumer Disputes Redressal Commission (NCDRC) has ordered a surgeon to pay a ₹2 crore compensation for gross medical negligence, after he removed a patient’s healthy left kidney instead of the diseased right one. Describing the 2012 incident as a “catastrophic surgical error,” the apex consumer court penalized the surgeon following the death of the patient, Shanti Devi.
Case Background and Negligence
In April 2012, 56-year-old Shanti Devi was diagnosed with severe right-sided hydronephrosis, with imaging confirming a healthy left kidney. Despite this, the surgeon removed the healthy organ in May 2012. The error was discovered post-operatively, after which the patient endured nearly two years of dialysis before passing away in February 2014. The NCDRC bench, led by Justice A.P. Sahi, rejected the defense that the error was an anatomical impossibility, relying on pre-operative scans.
Financial Penalties and Legal Ramifications
The NCDRC directed the surgeon, Dr. Rajeev Lochan, to pay compensation broken down as follows:
- ₹1.5 crore as primary compensation for negligence.
- ₹10 lakh each for loss of consortium and affection.
- ₹1 lakh for legal costs.
- 6% annual interest retroactive from the date of death (February 2014), escalating to 9% if not paid within three months.
Earlier, the Uttar Pradesh Medical Council had found the surgeon guilty and suspended his registration, noting attempts to alter records.
Vital Takeaways for Medical Practitioners in India
This ruling highlights critical safety failures in the operating room:
- Strict Site Verification: Rigorous, multi-step verification of patient identity and surgical site (left vs. right) is crucial.
- WHO Checklist Adherence: Mandatory implementation of the WHO Surgical Safety Checklist is essential for preventing such “medical disasters”.
- Record Integrity: Attempting to alter or forge clinical records significantly increases liability and damages credibility.
- High Liability: Surgical errors that directly cause death can lead to immense financial penalties, professional license suspension, and potential criminal charges.
