Ahmedabad, Oct 19, 2021: A hospital in Gujarat’s Mahisagar district has been ordered to pay a compensation of Rs 11 lakh to the family of a man who died after a doctor at the facility removed his left kidney. The deceased, Devendrabhai Raval, was admitted to the KMG General Hospital in Balasinor in 2011 for the removal of kidney stones.
Hearing a plea by a relative of the deceased, the Gujarat State Consumer Dispute Redressal Commission has ordered KMG General Hospital to pay Rs 11.23 lakh as compensation to the kin. The consumer rights panel held that the hospital has vicarious liability for the negligence of its employee.
A resident of Vanghroli village in Gujarat’s Kheda district, Devendrabhai Raval had been experiencing severe back pain and difficulty passing urine in May of 2011. This is when he consulted a doctor at the KMG General Hospital who diagnosed a 15 mm stone in Raval’s left kidney.
Raval was operated upon on September 3, 2011.
However, following the operation, the doctor reportedly told the deceased’s family that he had to remove the patient’s left kidney instead of the stone. The doctor insisted that the decision was taken, keeping in mind the best interest of the patient.As he experienced greater problems with passing urine in the months following the operation, Devendrabhai Raval was admitted to a kidney hospital in Nadiad for treatment. He was later referred to the Institute of Kidney Disease and Research Centre (IKDRC) in Ahmedabad, where he succumbed to renal complications on January 8, 2012.
"The employer is responsible not only for his own acts of commission and omission but also for the negligence of its employees so long as the act occurs within the course and scope of the employment," the Gujarat State Consumer Dispute Redressal Commission observed.
In its order, the panel ordered the KMG General Hospital in Balasinor to pay compensation with 7.5 per cent interest accrued since 2012 to the deceased’s kin.