After stones remain in kidney despite surgery, consumer forum fines Chandigarh-based ayurvedic hospital, surgeon ₹1.5 lakh for negligence
A city-based ayurvedic hospital and its surgeon have been directed by the district consumer disputes redressal forum to pay ₹1 lakh along with a full refund of surgery fee to a city resident for medical negligence.
A stone removal surgery brought no relief to 35-year-old Vinod Kumar of Sector 32, whose pain “worsened” and he was left “shocked” to know that stones were still present even after surgery.
A case was filed against Shri Dhanwantry Ayurvedic College and Hospital, Sector 46B, Chandigarh; Dabur Dhanwantry Hospital allopathic wing; and general surgeon Dr Alok Ahuja.
The case dates back to October 8, 2018, when Kumar went to the hospital complaining of severe stomach pain. Dr Alok Ahuja performed a test that showed a stone in Kumar’s left kidney. A surgery was performed.
But the pain persisted, Kumar said, adding that as per the doctor it was normal. As the pain worsened, he got tests done from another hospital and came to know that the stone was still present in the kidney.
Kumar went back to Dr Ahuja, who “paid no attention” and prescribed some medicine. Another test revealed two more stones, after which the doctor “behaved rudely” and “refused to check him”.
Citing medical negligence, Kumar moved the consumer court.
In their reply, the hospital admitted that Dr Alok Ahuja had conducted the surgery, but said the “stone may have re-formed and it was small in nature that could have been easily removed through urination”. The hospital claimed that the matter may be referred to the medical board and denied negligence or deficiency in service.
The forum observed that it was expected from a skilled surgeon that all stones–big or small–are removed during surgery. “Even after surgery was done on October 8, pain recurred and small stones were detected within 13 days from the date of first surgery,” the court said.
“Had they been a little cautious, all stones could have been removed at the time of the first surgery. The opposite parties were medically negligent,” the forum observed.
The forum directed the three opposition parties to refund ₹44,514 along with an interest of 9% per annum from the date of filing of the present complaint. Apart from this, they were also directed to pay ₹1 lakh to Kumar as compensation for pain, suffering, mental agony and harassment along with ₹10,000 as costs of litigation.