X-ray and consultation for right leg but surgery performed on left leg; court rejects strange justification

NEW DELHI: Doctor's plea for exemption from penalty for performing surgery on the wrong leg has been rejected. The Supreme Court rejected the doctor's plea. Dr Rahul Kakran of Fortis Hospital in Delhi had approached the court. Ravi Rai, who was injured after slipping and falling inside his house, was operated on the wrong leg. The National Consumer Disputes Redressal Commission had ordered a compensation of Rs 1.10 crore after the man lodged a complaint in the matter.

The commission had ordered the authorities of Fortis Hospital to pay Rs 90 lakh and the doctor who led the surgery to pay Rs 10 lakh. The surgery happened in 2016. Ravi slipped and injured his right leg. He was immediately admitted to Fortis. The doctors and the hospital claimed that the surgery was performed based on an injury to Ravi's left leg and the verbal consent given by him. However, the commission found that the X-ray and other scan tests were taken for the right leg and concluded that what happened to the doctor and the hospital was a serious mistake. The fine was imposed after this.

The accused doctors and the Authorities of Fortis Hospital had approached the Supreme Court with a petition after they were fined the hefty amount. However, the court observed that the fine amount imposed by the commission could not be excluded and neither the doctors nor the hospital had been able to produce documents to prove that the findings were wrong.