Dr. Anirban Chatterjee, and Nightingale Diagnostic & Medicare Centre Private Limited liable for medical negligence, directing them to jointly pay Rs. 75 lakhs in compensation to a young patient who lost her right leg due to a surgical error.
The complaint, lodged in 2017 by the patient and her father, originally sought over Rs. 20 crores in damages. The case stemmed from a surgery performed in 2015 to remove a lump from the 17-year-old patient’s right gluteal region. During the procedure, vascular embolization was carried out, but a critical error occurred when N-Butyl Cyanoacrylate Glue accidentally entered the main artery of the patient’s right leg. This resulted in a severe blockage of blood flow, leading to gangrene and ultimately, amputation. Despite being shifted to Ganga Ram Hospital in New Delhi, doctors could not salvage the limb. The patient was later declared 90% permanently disabled.
After reviewing the matter, the Commission found that the doctor and hospital had not obtained informed consent specific to the risks involved in treating Arterio-Venous Malformation (AVM). The NCDRC observed that a generic consent form was insufficient for such a complex and high-risk procedure. It stressed that the doctor had a duty to provide detailed information about potential complications and to ensure the patient’s understanding before proceeding.
In its decision, the NCDRC relied on recent Supreme Court judgments, including Neeraj Sud & Anr. v. Jaswinder Singh (Minor) & Anr. (2024 INSC 825) and M.A Biviji v. Sunita & Ors. (2023 INSC 938), to affirm that the negligence was “manifest.” The Commission also took into account the significant impact on the patient’s physical and emotional well-being, including loss of self-esteem, reduced employability, and diminished quality of life. Additionally, it acknowledged expenses incurred—Rs. 2,00,000 for surgery and Rs. 7,25,000 for a prosthetic limb, which would need periodic replacement.
Ultimately, the NCDRC held the surgeon and hospital jointly and severally liable and ordered Rs. 75 lakhs in compensation to be paid to the patient.