NCDRC Awards ₹2 Crore Compensation After Wrong Kidney Removed in Aligarh Surgery, Woman Dies Two Years Later

In a shocking case of medical negligence that has drawn strong observations from India’s top consumer forum, the National Consumer Disputes

Redressal Commission has ordered a doctor and a nursing home in Aligarh to pay ₹2 crore compensation to the family of a woman whose healthy kidney was mistakenly removed during surgery.

The commission described the incident as one of the gravest examples of medical negligence it had encountered, observing that such a mistake was almost unimaginable in modern medical practice.

The case dates back to 2012, when a 56-year-old woman underwent surgery for a kidney-related ailment.

Instead of removing the diseased right kidney, however, doctors allegedly removed her healthy left kidney — a catastrophic error that eventually led to her death after years of medical suffering.

Consumer Commission Calls It a ‘Medical Disaster’

A bench headed by retired Justice A P Sahi and member Bharatkumar Pandya delivered the verdict on May 18 while hearing a complaint filed by the deceased woman’s family members.

In strongly worded observations, the commission said the negligence involved in the case was of the “highest order” and amounted to a “medical disaster.”

The bench noted that the emotional and personal loss suffered by the family could never truly be compensated financially.

“The loss of a mother to her sons, a spouse to her husband and a homemaker to the family is irreparable,” the commission observed.

It added that the woman could likely have lived much longer had her healthy kidney not been removed.

How a Routine Medical Procedure Turned Into a Tragedy

According to records before the commission, the woman first complained of abdominal pain on April 17, 2012, and visited Ashirwad Nursing Home, where she was examined by surgeon Rajeev Lochan.

Medical investigations reportedly diagnosed her with hydronephrosis — a condition involving swelling of the kidney due to urine accumulation — affecting her right kidney.

Following diagnostic tests and medical advice, the patient was admitted for surgery to remove the damaged right kidney.

The surgery was conducted on May 6, 2012.

Initially, the family believed the procedure had gone as planned. However, the woman’s condition reportedly failed to improve after surgery, and she had to undergo dialysis regularly.

Discovery of the Surgical Error

As her health continued deteriorating, the family sought treatment at another hospital.

There, doctors conducted fresh radiological examinations and CT scans. The results reportedly revealed a shocking reality — the diseased right kidney was still inside her body, while the healthy left kidney had been removed during surgery.

The discovery left the family devastated.

According to the commission’s order, medical reports clearly indicated that the kidney originally identified as diseased remained intact, while the functioning kidney had been mistakenly extracted.

Criminal Case and Medical Board Investigation

Following the revelation, the family lodged a First Information Report under Section 338 of the Indian Penal Code, which dealt with causing grievous hurt through negligence or reckless conduct.

A medical board was subsequently constituted by the district’s Chief Medical Officer to investigate the allegations.

The board’s findings reportedly confirmed medical negligence.

Based on the report, criminal proceedings were initiated,d and a chargesheet was filed against the doctor.

The surgeon later challenged the chargesheet before the Allahabad High Court through a writ petition, but the court dismissed his plea.

UP Medical Council Also Found Doctor Guilty

Apart from criminal proceedings, the matter was also examined by the Uttar Pradesh Medical Council.

The council concluded that the doctor had acted negligently and ordered suspension of his medical registration for two years. It also directed that his name be struck off the state medical register during that period.

The decision was later challenged before the Medical Council of India, but the punishment was upheld.

These findings significantly strengthened the family’s case before the consumer commission.

Woman Struggled for Two Years Before Dying

After the surgery, the woman reportedly spent nearly two years battling serious health complications.

Medical records submitted before the commission stated that she eventually died due to severe hyperkalemia — dangerously high potassium levels in the blood — along with hypoglycemia, or low blood sugar.

Doctors indicated that the loss of the healthy kidney drastically reduced her chances of recovery and long-term survival.

For the family, the period following the surgery became emotionally and financially exhausting as they moved between hospitals seeking treatment while simultaneously pursuing legal action.

Long Legal Battle Before Consumer Forum

The consumer complaint alleging gross medical negligence and unfair medical practice was filed in 2014.

However, the proceedings themselves became lengthy and complicated.

The doctor initially failed to submit a written response within the prescribed period. The matter eventually reached the Supreme Court of India, which allowed the written statement to be taken on record after payment of ₹75,000 as costs.

The case then continued before the NCDRC, where both sides presented detailed arguments over several hearings.

Family’s Lawyers Called It an Open-and-Shut Case

Advocate Sudarshan Rajan, appearing for the complainants, argued that the case represented one of the clearest examples of medical negligence imaginable.

He contended that not only had the doctor removed the wrong kidney, but the circumstances surrounding the surgery also pointed to unethical conduct.

The complainants’ legal team highlighted that the negligence had effectively been established through:

• The medical board’s report
• Findings of the UP Medical Council
• Confirmation by the Medical Council of India
• Diagnostic reports showing the diseased kidney remained inside the patient

Advocates Sambhav Sharma and Ria Setiya also represented the family.

Doctor Denied Negligence

On behalf of the doctor, Senior Advocate V K Garg argued that there had been no admission of negligence by the surgeon.

The defence maintained that the diagnosis regarding the right kidney had been correct and claimed the circumstances did not amount to negligence.

The doctor’s legal team also questioned the allegation that the left kidney could have been removed through the surgical incision made on the patient’s right side, describing the claim as medically implausible.

Further, the defence argued that compensation claims made by the family were excessive and speculative.

The doctor also contended that he could not have imagined removing the wrong kidney and described the allegation as unfounded.

Advocates Neeraj Kumar Sharma, K S Rekhi and Parv Garg also appeared for the doctor.

Commission Rejects Doctor’s Defence

The NCDRC, however, rejected the defence arguments and described the explanation offered by the doctor as “peculiar” and “unpalatable.”

The commission observed that all pre-operative medical tests had clearly established that the patient’s left kidney showed no abnormalities whatsoever.

Therefore, the bench he had; there was absolutely no medical justification for removing it.

The commission concluded that the evidence overwhelmingly established negligence.

₹2 Crore Compensation Awarded

Taking into account the woman’s age, prolonged suffering and the emotional impact on her family, the commission ordered substantial compensation.

The NCDRC awarded:

• ₹1.5 crore as compensation for medical negligence
• ₹10 lakh each to family members for loss of love, affection and companionship
• ₹1 lakh towards legal expenses

Altogether, the compensation awarded amounted to ₹2 crore.

Case Highlights Growing Concerns Over Medical Accountability

The judgment has once again brought attention to issues surrounding medical accountability, patient safety and hospital oversight in India.

Legal experts say the ruling reflects courts’ increasing willingness to impose heavy compensation in cases involving gross medical negligence, especially when errors are preventable and life-altering.

Wrong-site surgeries — such as operating on the wrong organ or wrong side of the body — are considered among the most serious medical errors globally because they are largely avoidable through standard safety protocols.

Modern hospitals are expected to follow strict surgical verification procedures, including:

• Multiple diagnostic confirmations
• Pre-surgery imaging checks
• Site marking protocols
• Team verification before the operation

The commission’s remarks suggest that such safeguards may either have failed in this case or were not followed properly.

A Family’s Irreplaceable Loss

Beyond legal arguments and compensation figures, the commission repeatedly emphasized the human tragedy at the heart of the case.

The woman was not merely a patient, the order noted, but a mother, wife and central figure within her household.

Her death, after two years of physical suffering following a surgery that was supposed to improve her condition, left behind emotional wounds that no financial award can truly erase.

For the family, the verdict brings legal recognition of the injustice they fought against for more than a decade — but also serves as a reminder of a devastating mistake that changed their lives forever.