A medical negligence case involving the removal of the wrong kidney has led the National Consumer Disputes Redressal Commission (NCDRC) to award ₹2 crore compensation to the family of a woman who later died following complications.
Bar and Bench, and other legal reports stated that the incident took place at Ashirwad Nursing Home in Aligarh, Uttar Pradesh, where surgeons allegedly operated on the wrong kidney during a nephrectomy procedure. The patient, identified in court records as 56-year-old Shanti Devi, later underwent dialysis for nearly two years before dying in February 2014.
In its ruling dated May 18, 2026, the NCDRC held the hospital and operating doctors, including Dr. Rajeev Lochan, responsible for gross medical negligence in the case. The commission awarded ₹2 crore compensation to the patient’s family after observing that the healthy left kidney had been removed while the diseased right kidney remained untreated. The NCDRC is India’s apex consumer dispute redressal body that handles major compensation claims involving deficient services, including healthcare negligence.
The order also underscored the importance of basic surgical verification procedures that are meant to prevent wrong-site operations and other avoidable medical errors. The case has renewed concerns about patient safety standards and pre-surgical checks in high-risk operations. The commission described the incident as one of the gravest forms of medical negligence rarely witnessed in judicial proceedings. The case also highlights how a single surgical error can permanently alter the lives of entire families. The commission termed the incident a “medical disaster” and a “negligence of the highest order.”
According to India Legal, Shanti Devi had been diagnosed in April 2012 with severe hydronephrosis affecting her right kidney. Pre-operative ultrasound and imaging reports reportedly showed that the right kidney was functioning poorly, while the left kidney was healthy. She was advised to undergo surgery to remove the diseased kidney.
The surgery was reportedly performed on May 6, 2012. However, post-operative radiological and CT scan reports conducted after the surgery allegedly revealed that the diseased right kidney remained inside the body while the healthy left kidney had been removed instead.
The woman later developed complications and underwent repeated dialysis procedures for nearly two years before dying in February 2014, media reports stated. The commission observed that the patient may have survived longer had the healthy kidney remained intact.
While reviewing the case, the NCDRC noted that hospitals are expected to carry out proper pre-surgical verification before major operations. These checks are meant to confirm the correct patient, procedure, and organ before surgery begins.
Wrong-site surgery is considered one of the most serious preventable surgical errors in healthcare. Such incidents are often linked to lapses in communication, documentation, or surgical planning.
Modern hospitals follow multiple safety checks before high-risk procedures to reduce the risk of operating on the wrong body part or organ.
The World Health Organization’s Surgical Safety Checklist, now used in many countries, recommends confirming the correct patient, procedure, and surgical site before anesthesia and surgery begin. Experts say these verification steps become especially important in organ-related surgeries where documentation errors or anatomical confusion can have life-threatening consequences.
Most hospitals also conduct a mandatory “time-out” before surgery, where the surgical team verbally confirms the patient’s identity, planned procedure, and operative site before the operation begins.
Wrong-site surgery can lead to permanent disability, organ failure, prolonged hospitalization, or death.
Patient safety experts have long warned that even experienced surgical teams remain vulnerable to preventable human errors when safety systems are ignored, rushed, or poorly communicated.
Cases involving the removal of the wrong organ are uncommon, but they often trigger serious questions about surgical safety and hospital oversight.
In India, families frequently approach consumer courts and commissions in cases where they believe hospitals or doctors failed to provide an acceptable standard of medical care.
Such cases are usually examined through medical records, surgical notes, diagnostic reports, and expert opinion before liability is determined.
According to reports cited by the commission, the Uttar Pradesh Medical Council had earlier found the surgeon negligent and suspended his medical registration for two years. The Medical Council of India later upheld the decision.
The commission noted findings by the Uttar Pradesh Medical Council that a forged case sheet had been submitted in the surgeon’s defence.
The surgeon reportedly argued that a right-sided incision had been made and denied intentionally removing the left kidney, calling it a “misadventure.” However, the commission rejected the defence after reviewing medical records and imaging reports.
The family had also filed an FIR under Section 338 of the IPC alleging grievous hurt caused by negligent medical treatment.
Patient safety advocates say such incidents can also leave lasting emotional trauma for families dealing with preventable medical mistakes.
PTI, and DT Next reported that the NCDRC awarded ₹2 crore in compensation after considering the severity of the negligence and the consequences faced by the patient’s family.
According to India Legal, the commission directed ₹1.5 crore as lump sum compensation for medical negligence, ₹10 lakh each to the complainants toward loss of love and affection, and ₹1 lakh toward litigation expenses. The commission also ordered that the compensation would carry 6 percent annual interest from February 20, 2014, until payment. In case of default beyond three months, the interest rate would increase to 9 percent annually.
(Rh/TP/MSM)