Maharashtra: Senior transplant surgeon fined Rs 20 lakhs by Consumer Forum

The family of the patient, through news paper reports came to know that the donor also suffered from the same disease, and hence approached the consumer court alleging negligence on the part of the Zonal Transplant Coordination Committee, of whom Dr Vatsala Trivedi was the secretary at that time.

TOI reports that Flavian's mother Jane had filed the complaint with the commission in 2011. The complaint was also filed against other doctors and hospitals where the organ was harvested and transplanted. Jane alleged doctors were well aware of the medical condition of the patient and proceeded to conduct the transplantation with a 'tainted' kidney, thereby exposing the patient to the highest risk of 'bad kidney'. Their decision ultimately proved fatal, leading to the death of the patient she alleged. The complaint further said the ZTCC and Transplantation of Human Organs guidelines clearly prohibited donation of kidney of patients suffering from neurological diseases.

The commission, while not finding any liability in terms of medical negligence, found there to be a violation of professional ethics and general guidelines by the doctors, incurring deficiency in service. Dr Vatsala Trivedi, as the secretary of  ZTCC, was as a result ordered  by the commission to pay a compensation of Rs 10 lakh to the mother of the deceased.