Ahmedabad: Kidney removed instead of stone, man dies; hosp fined 11L

Ahmedabad: The Gujarat State Consumer Dispute Redressal Commission has ordered Balasinor’s KMG General Hospital to pay Rs 11.2 lakh compensation to the kin of a patient who died four months after a botched-up kidney surgery, wherein the operating doctor removed the vital organ instead of kidney stones, reports Saeed Khan.

The consumer 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 of employment,” the court observed.

In this case, Devendrabhai Raval onsulted Dr Shivubhai Patel of KMG General Hospital for severe back pain and difficulty in passing urine. In May 2011, Raval was diagnosed with a 14mm stone in his left kidney. He was operated upon on September 3. After the surgery, the doctor said that instead of the stone, the kidney had to be removed.Later, his condition deteriorated and he succumbed to renal complications on January 8, 2012.