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  • Anaesthetist Alleges...

Anaesthetist Alleges Wrongful Removal of Kidney, Consumer Court junks plea

Barsha MisraWritten by Barsha Misra Published On 2023-12-17T17:15:36+05:30  |  Updated On 17 Dec 2023 5:51 PM IST
HC Holds Failure in Sterilisation Surgery is not Medical negligence

No Medical Negligence

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Surat: The District Consumer Disputes Redressal Commission (DCDRC), Bharuch recently turned down the plea for compensation by a doctor, who alleged that his kidney was wrongfully removed based on a Vadodara-based pathology laboratory's report.

It was mentioned in the said report that the tumour in the kidney "could be cancerous". Later a CT scan was done at SRL Diagnostics stating the possibility of cancer and two days after this, the complainant doctor, who is an anesthetist, was operated at Nadiad-based Muljibhai Patel Urological Hospital back in April 2020.

However, the doctor alleged that his kidney was wrongfully removed, and approaching the District Consumer Court, Bharuch, he demanded Rs 49 lakh compensation.

Also Read: No Medical Negligence: Kerala HC Denies Granting Compensation to patient who Delivered 5th Child Despite Post-Partum Sterilization

As per the latest media report by the Times of India, the matter goes back to March 2020 when the complainant Dr. Jadav was suffering from a high fever. Following this, he approached the treating doctor Dr. Anand.

Based on the advice of the treating doctor, the complainant underwent several tests including sonography, blood tests, and a CT scan. After the report expressed the possibility that the tumour could be malignant, he was referred to the Nadiad-based hospital for further treatment.

Consequently, on the basis of the report, the hospital performed the surgery on May 1, 2020, and removed the right kidney of the complainant doctor. For the operation, the hospital charged him Rs 1.71 lakh.

After the operation, the samples were sent for biopsy. However, the biopsy report revealed that the tumour was non-cancerous. Thereafter, the complainant, who is a doctor himself, filed a complaint alleging medical negligence against Muljibhai Hospital and SRL Diagnostics.

In the complaint, Dr Jadav mentioned, "The hospital had wrongly removed the kidney and also relied on the lab’s report. The hospital did not ask for any report independently." He contended that as per the medical jurisprudence, the doctor should have gone for the patient's reports before operating on him.

Also Read: No medical negligence or mistake in diagnosis: SC dismisses plea against Indraprastha Apollo hospital, neurosurgeon

District Consumer Dispute Redressal Commissionno medical negligencekidney removalkidney removal surgery
Source : with inputs
Barsha Misra
Barsha Misra

Barsha completed her Master's in English from the University of Burdwan, West Bengal in 2018. Having a knack for Journalism she joined Medical Dialogues back in 2020. She mainly covers news about medico legal cases, NMC/DCI updates, medical education issues including the latest updates about medical and dental colleges in India. She can be contacted at editorial@medicaldialogues.in.

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