Order Name: Jaita Mitra Basu and another v. Dr. Anirben Chatterjee and another
Case No.: CC NO. 2644 OF 2017
The National Consumer Disputes Redressal Commission (NCDRC) recently ruled that a surgeon and a hospital must jointly pay Rs 75 lakhs in compensation to a patient who suffered the amputation of her right leg due to surgical negligence. The case was filed against Dr. Anirban Chatterjee and Nightingale Diagnostic & Medicare Centre Private Limited in Kolkata.
In 2015, the patient, a 17-year-old girl, underwent vascular embolization surgery to treat a lump in her right gluteal region. During the procedure, a medical adhesive accidentally entered the main artery of her right leg, causing a blockage in blood circulation. This led to gangrene, and despite being transferred to Ganga Ram Hospital in New Delhi, her leg was amputated, resulting in a 90% permanent disability.
The patient and her father filed a complaint in 2017, seeking over Rs 20 crores in compensation. The Commission determined that negligence was evident as the medical glue, N-Butyl Cyanoacrylate, slipped into the artery, leading to the patient’s amputation. Furthermore, the Commission noted that the patient was not informed about the specific risks associated with the procedure due to her Arterio-Venous Malformation (AVM). The doctors failed to obtain informed consent, opting instead for a generic consent form.
The NCDRC, with members Subhash Chandra and J Rajendra AVSM VSM (Retired), emphasized the importance of informing patients about potential risks and obtaining specific consent. The Commission criticized the lack of preventive measures and preparedness for potential complications during the surgery. The patient’s transfer to Ganga Ram Hospital was due to the critical condition caused by the negligence.
The Commission referred to precedents from the Supreme Court, highlighting the clear negligence in performing the AVM surgery. The amputation significantly affected the patient’s self-esteem and employability, with the implications being even more profound as she is a young girl. Additionally, the patient incurred expenses of Rs 2,00,000 for the surgery and Rs 7,25,000 for a prosthetic leg, which requires regular replacement.
In conclusion, this case underscores the critical importance of obtaining informed consent and preparing for potential surgical complications. Medical professionals must ensure patients are fully aware of the risks involved in any procedure to avoid such tragic outcomes.
