NCDRC asks hospital to pay 18L compensation for negligence leading to kidney removal of 3-yr old

A girl whose kidney was damaged due to hospital's negligence in 2004, when she was 3 years old, has been awarded Rs 18 lakh compensation by consumer commission NCDRC saying she lost the "joy of enjoying her childhood".

The National Consumer Disputes Redressal Commission has directed Acharya Vinoba Bhave Rural Hospital, Maharashtra, to pay compensation along with Rs 1.5 lakh towards medical expenses incurred on treatment of Samiksha, who had to get a kidney removed due to infections suffered during the hospital's faulty surgeries.

"The patient has lost some of the joy of enjoying her childhood and is deprived of wholesome physical activity on account of having only one kidney.

"We are of the view that the compensation be enhanced from Rs 6 lakh to Rs 18 lakh. This amount is exclusive of medical expenses of Rs 1.5 lakh awarded by the fora below," said NCDRC President R K Agrawal and its member M Shreesha.

According to the complaint filed by Samiksha and her father, she was treated for Vasico Uretary Reflux problem, and had undergone a ureter re-implantation on April 3, 2004. However, the surgery was not successful and she was re-operated on April 17.

The complaint alleged that Samiksha continued to suffer from her bladder problem and was on May 10 taken to another hospital in a very critical stage where she was operated for post operational discharge of urine from the stitches of the bladder.

The treating doctor informed the victim's parents of a cotton gauze found inside the bladder, left post surgery in the first hospital, due to which all the complications had occurred, the complaint alleged.

It further added that the victim was found to be suffering from symptoms of hernia growth for which the then three-year old had to undergo a hernia operation in the coming months.

Samiksha's left kidney was found to be completely damaged due to the infections suffered during the initial surgeries at the offending hospital, the complaint alleged.

The district consumer forum had directed the hospital to pay Rs 1.5 lakh towards medical expenses and Rs 6 lakh as compensation for the physical and mental agony suffered by the complainants.

The district forum's order was challenged by the hospital as also the father-daughter duo in the state consumer forum, which dismissed the pleas of both the sides.

The victim and her father then moved the NCDRC seeking enhanced compensation from the commission.