The State Consumer Disputes Redressal Commission recently directed Lilavati Hospital in Bandra and a gynaecologist there to jointly pay a woman ₹16 lakh for damage to her right kidney while operating on her right ureter in 2013.
Shyamalee Gupta had post-menopausal bleeding in December 2013 and the hospital advised her to undergo a minor investigative procedure: a hysteroscopy and dilation and curettage, which the gynaecologist would conduct. The procedure was conducted on December 12 and Ms. Gupta was discharged after two days. The same evening, she was readmitted to hospital as she continuously complained of breathlessness. The family was informed that an emergency operation had to be conducted due to her right ureter being damaged.
Thereafter, the family and Ms. Gupta were informed she would have to undergo another procedure to ensure her right kidney does not get damaged and till then, she would have to carry a urine bag. She was discharged on December 31, 2013. She was later admitted to Hinduja Hospital where her right kidney was removed. Ms. Gupta contended that because of the deficiency in service on the part of Lilavati and the doctor, her right ureter was damaged and then her right kidney had to be removed. She said the hospital and doctor should pay her ₹90 lakh, out of which ₹10 lakh is towards medical expenses, including hiring of a full-time nurse, while ₹75 lakh is compensation for stress, trauma and injury for mental and physical agony.
The panel said there is deficiency in service on the part of the hospital and doctor and directed that Ms. Gupta be paid ₹16,45,730 as compensation within two months.
