http://www.deccanchronicle.com/channels/cities/bengaluru/consumer-panel-fines-hospital-rs-5-lakh-wasting-donor-kidney-206
Consumer panel fines hospital Rs 5 lakh for wasting donor kidney
By Shrinivasa M.
The Karnataka State Consumer Disputes Redressal Commission has fined city-based Manipal hospital, surgeon Dr Shiva Shankar and his team of doctors, chairperson Mr Ramdas Pai and hospital CEO Mr Basil Rs 5 lakh for removing the transplanted kidney from a person without his consent and not putting it back in the donor. Experts feel that this judgment will help hundreds of patients who undergo unnecessary agony at the time of unsuccessful organ transplants.
Ms Indumathi, widow of late V.S.P. Shivabalan, a resident of Kalyan Nagar, had approached the commission and based on her complaint, a three-member Bench comprising commission president Mr K. Ramanna, members A.M. Bennur and Mrs Rama Ananth gave the landmark verdict.
In her complaint, Ms Indumathi had alleged that her husband had died after an unsuccessful kidney transplant at the Manipal hospital in August 2008. She said that she had donated her kidney to her husband and even though the doctors transplanted the kidney, a few days later they removed it from her husband without their knowledge or consent and the kidney was wasted.
After hearing presentations from both sides, the commission directed the hospital, the doctors involved and the management to pay Rs 5 lakh to Ms Indumathi by way of damages along with litigation costs of Rs 5,000.
In its order, the commission observed that even though qualified, experienced doctors performed a successful kidney transplant, the post-operative care was not proper.
"There was negligence and carelessness on the part of the hospital and doctors in attending to the patient. Otherwise there was no scope for blood oozing in the abdomen which ultimately forced them to remove the kidney. There is no proof that consent was obtained from the patient or his wife while conducting the third surgery to remove the kidney and the doctors could not explain what happened to the said kidney," the Bench observed.
It also stated that according to experts a removed kidney could be reused if it is not infected and can be put back in the donor. "But the doctors did not do the same," added the Bench.
Interestingly, the Commission observed that claims for refund of hospital expenses were unjust and improper as expert doctors had performed all three surgeries. Experts feel that this judgment would help hundreds of patients who face unsuccessful organ transplants.
Ms Ananth Padmanabha H.S., a consumer activist told this newspaper that in the case of failed organ transplants nobody knows what happens to the donated organ. But henceforth we can question the doctors at consumer forums.