Apex consumer commission NCDRC has asked two doctors of Sahara India Medical Institute Limited, Lucknow, to pay Rs 30 lakh as compensation to a patient for repetitive medical negligence in 2012 that had resulted in kidney damage.

The National Consumer Disputes Redressal Commission has directed Doctors Sandeep Agarwal and Muffazal Ahmed to pay Rs 20 lakh and Rs 10 lakh, respectively, to Gyan Mishra, who died during the processing of the consumer complaint. The hospital shall be vicariously liable to pay the compensation amount to Mishra.

The commission said that since Mishra died during the processing of the complaint, there was no evidence to prove that his death occurred due to medical negligence of the doctors but it was definite that his kidneys suffered damage during the year he took treatment under them.

NCDRC Presiding member V K Jain said that in December, 2013, it is not known how much damage to his kidney has occurred during the intervening period as his creatinine level was not managed for more than one year.

As per Mishras complaint, he was admitted in Sahara Hospital, Lucknow, in 2011 under the supervision of Doctor Agarwal. His serum creatinine was found to be above the permitted range, indicating a kidney disease. But, no further treatment was given to him before being discharged.

He was readmitted to the hospital in December 2013 and was seen by both Doctors Agarwal and Ahmed and was told to be suffering from end stage renal disease and needs dialysis. The complainant alleged that he was given iron injection during his stay in the hospital, however, it is contra indicated in case of patients suffering from kidney disease.

The counsel for the offending doctors said that Mishra was alsoa chronic alcoholic with a longstanding history of diabetes mellitus, which is a common cause of chronic renal failure. The doctors alleged that Mishra was suffering from kidney and chronic liver disease.

The Ethical Committee of Uttar Pradesh Medical Council had given a recommendation in favor of the doctors, but, NCDRC refused to dismiss Mishras complaint. The commission has asked the hospital and the doctors to pay Rs 25,000 as cost of litigation to the victim.

Source: ET Healthworld