Surgeon Found Guilty of Removing Healthy Kidney, Leading to Patient's Death; Compensation Includes Rs. 1.5 Crores for Negligence
In a landmark judgment, the National Consumer Disputes Redressal Commission (NCDRC) in New Delhi has awarded a compensation of Rs. 2 Crores to the family of the deceased, Smt. Shanti Devi, in a case of gross medical negligence. The judgment, delivered on May 18, 2026, by a bench comprising Mr. Justice A.P. Sahi, President, and Mr. Bharatkumar Pandya, Member, held Dr. Rajeev Lochan responsible for removing a healthy left kidney instead of the diseased right kidney, which led to the patient's death.
The case was brought forward by the complainants, Veer Singh and others, who alleged that Smt. Shanti Devi was diagnosed with hydronephrosis of the right kidney but during surgery, the surgeon erroneously removed her healthy left kidney. The incident, which took place in 2012, resulted in the patient's death in 2014 after prolonged suffering due to dialysis and other complications.
The NCDRC's judgment was based on extensive evidence, including medical reports, expert opinions, and findings from both the U.P. Medical Council and the Medical Council of India. These bodies confirmed the negligent surgery and upheld the suspension of Dr. Lochan's medical registration for two years.
The Commission applied the legal principle of "res ipsa loquitur," which means "the thing speaks for itself," indicating that the negligence was obvious and undeniable. Despite arguments presented by the defense, the Commission found no plausible explanation for the removal of the wrong kidney.
The compensation awarded includes Rs. 10 lakhs each for the loss of consortium, love, and affection to the family members, and Rs. 1.5 Crores as a lump sum for the act of negligence. Additionally, the Commission ordered legal expenses limited to Rs. 1 lakh, with interest accruing at 6% from the date of death until payment, and 9% in case of default.
This judgment underscores the accountability of medical professionals and the importance of ensuring accuracy and diligence in medical procedures. The decision is expected to have significant implications for medical negligence cases in the future, emphasizing the need for strict adherence to professional standards and ethical conduct in the medical field.
Bottom Line:
Medical negligence - Removal of a healthy left kidney instead of the diagnosed dysfunctional right kidney - Gross negligence and unethical conduct by the medical practitioner, leading to the death of the patient - Compensation of Rs. 2 Crores awarded to the complainants for the irreparable loss caused.
Statutory provision(s): Section 326 IPC, Section 338 IPC
Veer Singh v. Dr. Rajeev Lochan, (NCDRC)(New Delhi) : Law Finder Doc id # 2903399
