The Uttarakhand State Consumer Disputes Redressal Commission has ordered a doctor to pay ₹8.64 lakh in compensation for negligence during a gallbladder surgery. The commission revised an earlier order by the district consumer forum and delivered the new verdict in the case filed by Dharmendra Kumar, a resident of Kashipur in Udham Singh Nagar district.
According to the complaint, Kumar approached Dr. Naresh Kumar Chauhan at Pragati Hospital and Physiotherapy Centre in Kundeshwari on June 10, 2010, for abdominal pain. After diagnosis revealed gallstones, Dr. Chauhan performed surgery. However, Kumar’s condition worsened post-operation, as pus began to accumulate in his abdomen.
His health deteriorated, and he was admitted to Sir Ganga Ram Hospital in Delhi in August 2010, where he underwent prolonged treatment. The patient claimed to have spent ₹18 lakh on medical expenses.
The district consumer forum had earlier ruled in Kumar’s favor, holding Dr. Chauhan responsible for surgical negligence. It directed the doctor to pay ₹11 lakh as treatment cost, ₹2 lakh for physical and mental suffering, and ₹10,000 as litigation cost.
However, the state consumer commission bench, comprising Chairperson Kumkum Rani and Member C.M. Singh, partially modified the order, reducing the treatment compensation to ₹8.54 lakh. The commission noted that the hospital’s consent form for the surgery was incomplete and questionable. Some inconsistencies were also found in the bills submitted by the complainant.
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The commission concluded that the doctor had acted in haste and failed to exercise due care during surgery. It directed National Insurance Company Ltd. to pay compensation in accordance with the insurance policy, while the remaining amount is to be paid by Dr. Chauhan.
