SC holds doctor guilty of medical negligence for surgery on wrong leg
Supreme Court of India
New Delhi: Upholding the order of the National Consumer Disputes Redressal Commission (NCDRC) finding a surgeon liable for medical negligence while conducting surgery on the wrong foot of a patient, the Supreme Court recently dismissed the appeal filed by the doctor.
Challenging the NCDRC ruling, the concerned doctor, who worked as an Orthopaedic Surgeon at the Fortis Hospital in 2016, filed a plea before the Supreme Court.
After considering the doctor's appeal, the top court bench comprising Justice PS Narasimha and Manoj Misra dismissed the same while noting, "Having considered the matter in detail, we are of the opinion that the National Consumers Disputes Redressal Commission, New Delhi has not committed any error in law or fact. In this view of the matter, the Civil Appeal is dismissed."
The original consumer complaint was filed against the treating doctor and hospital based on the allegation that the surgery was performed on the left leg of the patient instead of his injured right leg. Later, the patient got himself admitted to another hospital for surgery.
The history of the case goes back to 2016 when the patient slipped from the stairs and sustained injuries. Thereafter he was taken to Fortis Hospital, Shalimar Bagh, where the treating doctor, after conducting X-rays, informed that the patient had suffered fracture on his right foot. The patient was also asked to get a CT Scan of his right foot and an X-ray of his left foot and spine and was asked to undertake physiotherapy.
As per the patient, despite the fact that the patient had undergone a hairline fracture on his spine, he was administered anaesthesia in his spinal cord before the surgery and in spite of operating on the right foot, the petitioner's left foot was operated!
The Delhi Medical Council had taken suo motu cognizance of the issue and the Disciplinary Committee of the DMC, which after considering the justifications given by the doctors for conducting the surgery on the left foot noted that no written consent was taken from the patient for the change of plan of surgery being carried out on the left side. Further, the DMC Committee also noticed attempted tampering of records.
Accordingly, DMC had recommended removing the names of two treating doctors from the State Medical Register for 180 days. When the DMC order was challenged before the erstwhile Medical Council of India (MCI), it exonerated one doctor on the ground that he was not present in the operation theatre when the surgery was performed on the petitioner. However, MCI had sustained the punishment granted to the other doctor- Dr. Kakran, who filed this plea before the Supreme Court.
While considering the matter, the Apex Consumer Court back in June 2024 awarded the patient a total compensation of Rs 1.10 crores. Among this amount, the treating hospital was asked to pay Rs 90 lakhs and two treating doctors including the surgeon were directed to pay Rs 10 lakhs each.
Also Read: Negligence in Ankle Surgery: Doctor, hospital ordered to pay Rs 3 lakh compensation
Challenging the NCDRC order, the surgeon in his plea before the Supreme Court claimed that an injury was found in the left leg of the patient as well in the operation room and he was advised to take surgical treatment for the same. The doctor claimed that the patient gave oral consent for the surgery.
Previously, the NCDRC bench had found that there was gross medical negligence after noting that all the pre-surgery tests (X-Ray, scan etc.) were taken for the right leg even though the consent was taken for the right leg.
"The Complainant appears to have virtually escaped from the Hospital and ran for his life on account of this mess having been created by the Opposite Parties in proceeding to perform a surgery of the left leg when the surgery was planned to rectify and treat the fracture of the right leg," NCDRC had observed in its order, Live Law has reported. Further, the consumer court had found that the protocol regarding the consent was not followed before operating on the left leg.
Even though the NCDRC order was challenged by the surgeon, the Supreme Court bench affirmed the findings of the NCDRC by rejecting the surgeon's appeal.
To view the order, click on the link below:
https://medicaldialogues.in/pdf_upload/supreme-court-order-medical-negligence-263671.pdf
