Deviating from protocol, especially during an elective surgery, without taking informed consent of patient / attendants is medical negligence, as was case in this widely reported story.
The patient was diagnosed with 14mm stone in left kidney. The doctor had advised and scheduled a surgery to remove the same. However, he removed the kidney instead of kidney stone. The patient developed complications soon thereafter and died within few days.
The patient’s family sued the doctor and hospital and alleged that consent was taken only to remove stone from the kidney, and not the kidney. They also alleged that the doctor did not inform about the reason why he deviated from the procedure.
The doctor simply stated in defence that he performed nephrectomy in patient’s best interest.
The Commission was perhaps unimpressed by this defence as it stated the following:
“It appears that a stone has been found in the left kidney and action to be taken on the basis of that report states – pyelotithotomy tomorrow. Therefore it can be easily presumed and established that the surgery was just for removal of the stone from the kidney but instead of removing the stone, whole kidney was removed”.
The doctor and hospital were held negligent for this act and ordered to pay a handsome compensation to patient’s family.
Source: Order pronounced by Gujarat State Consumer Disputes Redressal Commission on 7th October, 2021.