A doctor and a private hospital in Aruppukottai were fined Rs 3.5 lakh in 2021 for operating on a patient’s incorrect ankle, exposing a significant example of medical negligence. The District Consumer Disputes Redressal Commission in Srivilliputhur heard the case of S Kasivel, a resident of Chokkalingapuram, who claimed damages for the error that had caused him emotional and bodily pain.
In 2019, Kasivel initially saw Dr. M. Sampathkumar since he had been experiencing chronic discomfort in his left ankle for a while. Even after receiving injections and pills, Kasivel’s discomfort persisted and he still had trouble walking. Kasivel went to another doctor in Madurai to get a second opinion, and the doctor suggested an MRI. The findings, which were obtained at a multispecialty hospital in Chennai, indicated that surgery was necessary to treat his left ankle issue. As a result, Kasivel trusted Dr. Sampathkumar with his care and went to him for the procedure.
But when the procedure was eventually carried out in November 2020, a serious mistake was made. Dr. Sampathkumar accidentally operated on Kasivel’s right ankle rather than the left, which was the location of the issue. The fact that no appropriate medical examinations or scans were performed to verify the correct ankle for surgery—which would normally have been a component of the pre-operative protocol—exacerbated this error.
Kasivel had severe emotional and bodily suffering as a result of the medical error. He endured financial losses and excruciating mental anguish as a result of the needless procedure, in addition to the additional health issues brought on by the wrong surgery. He consequently petitioned the private hospital and Dr. Sampathkumar for damages for the suffering he had suffered.
Following a review of the case, the Commission decided in favour of Kasivel, emphasising the doctor’s carelessness and disregard for fundamental medical procedures. In addition to Rs 5,000 for legal costs, the Commission mandated that the doctor and the hospital compensate Kasivel Rs 3 lakh for the psychological and physical suffering she endured. This instance emphasises how crucial it is to follow the right medical protocols and conduct comprehensive examinations before to performing any surgery, particularly when a patient’s health is at risk.
SOURCE :
INDIAN EXPRESS