New Delhi | Jagran News Desk: KGM Hospital in Balasinor has to compensate Rs 11.23 lakh to a patient after the hospital's doctor in 2011 removed his left Kidney instead of a stone. The patient was admitted to the hospital for removal of kidney stones in the hospital but little did he knew that instead of the stone, his kidney will get removed.

The Gujarat State Consumer Dispute Redressal Commission has now ordered the Hospital to compensate the patient's family after the patient died four months after his vital organ was removed reported Times of India.

As per the report, the Gujarat court held that the hospital has direct or vicarious liability for the negligent act of its employee-in this case the operating doctor. "The employer is responsible not only for his own acts or commission and omission, but also for the negligence of its employees so long as the act occurs within the course and scope of the employment. This liability is according to the principle of ‘respondent superior’ meaning ‘let the master answer'."

In the order Court directed the hospital to compensate the family since 2012 with interest rate of 7.5 %.

What actually happened?

In May 2011, Devendrabhai Raval from Vanghroli village of Kheda was diagnosed with a 14 mm stone in his left kidney and he consulted Dr Shivubhai Patel of KMG General Hospital in Balasinor town for severe back pain and difficulty during passing urine.
To which the doctor advised him to visit a better facility but Raval insisted on getting treated in the same hospital. An induration of his Operation on September 3, 2011 doctor removed his kidney suggesting that it was done in the best interest of the patient.

Later when the patient began having greater problems in passing urine, he was advised to shift to a kidney hospital in Nadiad. Later when his condition deteriorated further, he was taken to IKDRC in Ahmedabad. He succumbed to renal complications on January 8, 2012.

After his sudden death, his widow Minaben Raval went to Consumer Dispute Redressal Commission at Nadiad, to register a complaint against the Hospital, and now the court after hearing all the pleas stated the surgery was just for the removal of stone from the kidney and the consent was taken for removal of stone only, but the kidney was removed instead. Stating the fact court ordered the hospital to compensate the Widow.

Posted By: Ashita Singh