The Gujarat State Consumer Dispute Redressal Commission has ordered Balasinor’s KMG General Hospital to pay Rs 11.2 lakh compensation to the families of a patient who died four months after a botched-up kidney surgery as the operating doctor removed the vital organ instead of the kidney stones, reports TOI.
The consumer court held that the hospital has direct or mediated liability for the negligent act of its employee whereas 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 consulted Dr Shivubhai Patel of KMG General Hospital for severe back pain and difficulty in passing urine. Raval in May 2011, 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.
