Court orders 4.5 lakh as compensation to patient for removal of kidney without consent

In a recent case, a complaint was filed by Mr. Nagendrudu under Section 12 of Consumer Protection Act, 1986 against the Indian Medical Association and Dr. G. Krishna, a urologist at Gowri Gopal Hospital in Bhudawarpeta in Kurnool. Mr. Nagendrudu complained that his kidney was removed when he only complained of stones in Urethra. His kidney was removed by a doctor without his consent. After the two surgeries, his health had deteriorated and he had to spend a huge amount of money on treatment from other hospitals. On his subsequent consultation with other doctors, he got to know that his kidney has been removed.In his complaint, he has given the entire detail of the two surgeries that he had to undergo at Gowri Gopal Hospital. However, the hospital and the doctor G. Krishna disputed the patient's claim and contended that since the kidney of the patient was infected it was removed with his prior permission. After hearing both the sides, the Forum held that the doctor took a “ hasty decision” and directed payment of compensation of INR 4.5 lakh to the distressed patient. The court also observed that though the operation was conducted free of cost under Arogyarsi but it will be covered under the services fell under the purview of Consumer Protection Act as the hospital collected fee from other patients. In the instant matter, the Association was directed to pay the compensation amount on behalf of the doctor as Andhra State Unit has floated a scheme under which the State will reimburse for any medical negligence.