Kurnool Consumer Court Orders 4.5 lakh Compensation to Patient for Kidney Removal Without Consent

The Karnool District Consumer Forum has ordered the AP chapter of the Indian Medical Association, based in Hyderabad, to pay Rs 4.5 lakh as compensation and medical expenses to a patient whose kidney was removed by a member doctor.

The Forum was hearing a complaint filed by Mr. B. Nagendrudu under Section 12 of the Consumer Protection Act, 1986 against the Indian Medical Association and Dr G. Krishna, urologist at Gowri Gopal Hospital in Budhawarpeta in Kurnool. He alleged that his kidney was removed, when he had only complained of stones in the urethra. Subsequently, his health had deteriorated, and he had spent huge amounts of money for treatment in other hospitals.

The Petition had given detailed accounts of the procedures that he had to undergo, and informed the Court of two surgeries, after which he consulted doctors in Hyderabad. He was then informed that his kidney had been removed. He had now accused Dr. Krishna of negligence.

Dr. Krishna and Gowri Hospital had, on the other hand, submitted that the complainant’s kidney was found to be infected, after which, it was removed with his permission.

The forum, however, ruled that the doctor had taken a “hasty decision” and directed payment of compensation. It ruled that even though the initial operation was conducted free of cost under Arogyasri, the services fell under the purview of Consumer Protection Act, as the hospital collected fee from other patients.

The Association was directed to pay the amount on behalf of the doctor as Andhra State Unit had floated a scheme called “Professional Protection and Welfare Scheme”, which pays any compensation resulting from negligence by any of its member doctors.

Read the Judgment Here