IMA fined for doc’s fault
Consumer court holds doctor guilty of removing a patient’s kidney
The Kurnool District Consumer Forum has ordered the AP chapter of the Indian Medical Association, based in Hyderabad, to pay `4.5 lakh as compensation and medical expenses to a patient whose kidney was removed when his complaint was stones in the urethra.
The patient alleged that after his kidney was removed he has suffered ill-health and has had to spend more money for treatment in other hospitals.
Mr B. Nagendrudu, 27, a resident of Chennur in Sirivel mandal, Kurnool district, had filed the case in the forum five years ago, against the Indian Medical Association and Dr G. Krishna, urologist at Gowri Gopal Hospital in Budhawarpeta in Kurnool. The judgement has been a long time coming.
In his petition, Mr Nagenduru gave details of the procedures he had to undergo. Basically, doctors told him he had a stone lodged in the upper urethra and a “stag horn calculus in the left kidney upper pole.” Dr Krishna, carried out certain procedures (ureteroscopic lithotripsy and insertion of stent) but Mr Nagenduru had to return because of abdominal pains. Another surgery was performed (open pyelolithotomy) and when that too didn't help, he was advised to approach doctors in Hyderabad. He did so and was informed that nephrectomy (kidney removal) had been done earlier. "I have undergone five surgeries till 2012. For two years I suffered pain," Mr Nagenduru said.
He alleged that it was because of the negligence of Dr Krishna that he had to have the kidney removed and now has to live on one kidney.
Dr Krishna and Gowri Hospital in the counter filed before the forum said that the patient was admitted on July 9, 2010 and after clinical examination on July 14, an operation was done with the consent of the complainant and his wife. They found that the left kidney was full of pus and infected, which required nephrectomy.
Dr Krishna said that he removed all pieces of small stones and inserted new DJ stents. “Due to calculi pyeonephrosis, to save the complainant's life from septicaemia and death, simple nephrectomy was done. He said the patient had not come in time, resulting in the stent being stuck in the body. "There was no negligence and no deficiency of service," he said.
The forum ruled that though the initial operation was done free of cost under Arogyasri, as the hospital is collecting fee from other patients and other services it falls under the purview of the Consumer Protection Act. The forum opined that Dr Krishna had taken a hasty decision to do a nephrectomy.
The renal function as assessed by serum creatinine did not show any abnormality and was within the normal functioning at 0.8 mg two days prior to his nephrectomy. “Instead of conducting nephrectomy, Dr Krishna ought to have referred the complainant to a higher institute for removal of stag horn calculi through modern technical procedure," the forum opined.
Dr Krishna is a member of the IMA-AP. The state unit has started a scheme called Professional Protection and Welfare Scheme due to which it has to to pay compensation on behalf of the doctor who is a member.