Surgery on wrong ankle- Doctor, hospital slapped compensation

Virudhnagar: The District Consumer Disputes Redressal Commission (DCDRC), Virudhnagar directed a doctor and a private hospital in Aruppukottai to pay Rs 3 lakh compensation to a patient for operating on the wrong ankle.

Even though the patient had a problem in his left ankle, he was shocked to find out that the surgery was performed on the right ankle. Apart from directing them to pay Rs 3 lakh compensation, the Commission also directed them to pay Rs 5,000 as legal expenses.

The history of the case goes back to when the complainant was suffering from pain in his left leg due to nerve weakness and damage to the tendons, Tendo Calcaneus Tendinitis. When he consulted the treating doctor, he was given injections and was prescribed medicines; gradually the pain subsided. After 6 months, the patient complained of pain in his legs and met the concerned doctor and was treated for the left leg pain. Since the pain did not subside completely, the patient underwent treatment in Madurai and received care later at a hospital in Chennai.

At the Chettinad Multipurpose Hospital, Chennai, a scan was taken and it revealed that the patient's left ankle tendons were torn and he was advised to undergo surgery. Accordingly, when the he approached the first treating doctor- Dr. Kumar- for repair the tendon tear in his left leg, the doctor immediately advised the surgeon to schedule the surgery and admitted him to the hospital.

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Then the patient underwent the surgery by paying Rs 35,000 as advance payment. The surgery was performed under anaesthesia. When he regained consciousness, he was shocked to find out that his left leg had not been treated and the surgery was conducted in the right leg. It was alleged  that the doctor and the hospital justified this by saying that his right leg was more affected and needed immediate treatment. They also claimed that they found out about the right leg by tapping and touching it, even though no scan was taken. The complainant was advised to come back after 2 months and get surgery on his left leg.

The patient alleged that due to the wrong surgery and bandages on his right leg, he could not use both his legs. Later, he underwent surgery at Maxcare Hospital in Trichy. Thereafter, he filed a consumer complaint seeking compensation for the surgery on the wrong leg.

On the other hand, the doctor and the hospital submitted that the examination of the complainant's feet revealed that both of his feet were affected and his right heel was affected.

While considering the matter, the District Commission considered the submissions by both parties and perused the medical record. It observed that the "...operation on the right ankle was done in a hasty manner and completely carelessly." It further noted that even though the patient had described the pain in his left ankle, the surgery was conducted on the right ankle.

"...the Commission considers that the 1st respondent (the doctor), who performed the operation on the right ankle without conducting any necessary examination, is wrong in the medical procedures adopted by the 1st respondent, as the complainant has described the pain in his left ankle," it noted.

Holding the treating doctor negligent, the Commission concluded,

"The Commission considers that the 1st respondent performed surgery on the complainant's right ankle due to negligence, carelessness."

Accordingly, allowing the complaint, the Commission ordered the doctor and the hospital to pay the Complainant a compensation of Rs 3 lakh and Rs 5,000 as legal expenses within a period of 4 weeks from the date of issue of the order.

"In conclusion, this complaint is allowed in part. It is ordered that the complainant be paid a compensation of Rs. 3,00,000/- (Rupees Three Lakhs Only) and Rs. 5,000/- (Rupees Five Thousand Only) as legal expenses by the opposite parties within a period of 4 weeks from the date of issue of this order, and in default of payment of the above amounts, together with interest at the rate of 9% per annum from the date of issue of this order, excluding the legal expenses," ordered the Commission.

To view the order, click on the link below:

https://medicaldialogues.in/pdf_upload/virudhnagar-dcdrc-261255.pdf

Also Read: Caution Not Taken Before Administering Anaesthesia: Consumer Court orders hospital, doctors to pay compensation