NCDRC Directs Surgeon And Hospital To Pay Rs. 75 Lakhs Compensation For Medical Negligence Leading To Amputation Of Teenager's Leg
Pranav B Prem
The National Consumer Disputes Redressal Commission (NCDRC), New Delhi, has found Dr. Anirban Chatterjee, a vascular surgeon, and Nightingale Diagnostic & Medicare Centre Pvt. Ltd., jointly and severally liable for medical negligence resulting in the amputation of a minor girl’s right leg. The Commission awarded a lump sum compensation of Rs. 75 lakhs to the patient and her mother, along with litigation costs of Rs. 50,000, holding that the surgical procedure conducted in 2015 was negligent and devoid of informed consent regarding the inherent risks. The decision was delivered by the Bench comprising Mr. Subhash Chandra (Presiding Member) and AVM J. Rajendra, AVSM VSM (Retd.) (Member).
The case arose out of a tragic chain of events that began when the complainants—Ms. Jaita Mitra Basu and her daughter —approached Dr. Chatterjee in 2015 for the treatment of a progressively enlarging lump in the right gluteal region of the then-17-year-old. The swelling was later diagnosed as Arterio-Venous Malformation (AVM), a condition involving abnormal connections between arteries and veins. Dr. Chatterjee recommended a procedure called vascular embolization, which involves injecting medical glue into the affected vessels to block blood flow to the malformed area.
The surgery was conducted on 16 September 2015 at Nightingale Hospital in Kolkata. According to the complainants, during the procedure, a quantity of N-Butyl Cyanoacrylate (NBCA) glue accidentally entered the main artery of the right leg, causing a blockage of blood circulation. The surgeon initially downplayed the incident, assuring the patient’s family that a minor follow-up procedure would correct the issue. However, the following day, the circulation had not improved and signs of gangrene emerged. The patient was then shifted in an emergency to Sir Ganga Ram Hospital in New Delhi, where doctors confirmed the complete cessation of blood supply to the leg. Ultimately, on 22 September 2015, her right leg had to be amputated above the knee.
Despite the patient’s young age and otherwise healthy condition, the complication left her 90% permanently disabled, as certified by RG Kar Medical College and Hospital in November 2016. The trauma and consequences included long-term disability, emotional suffering, loss of future earning potential, and the need for repeated prosthetic limb replacements—each costing several lakhs.
The complainants filed the consumer case in 2017 seeking over Rs. 20 crores in compensation. While Dr. Chatterjee and the hospital denied liability, they admitted that glue had entered the artery but claimed that the complication was a known risk of AVM embolization. The defence further argued that the family had signed a high-risk consent form and that the patient’s medical condition had necessitated urgent intervention.
However, the Commission found this explanation unsatisfactory. It held that while embolization is a legitimate treatment for AVM, proper risk disclosure is paramount, especially when the patient is a minor. The Bench emphasized that no evidence was placed on record to show that the specific risk of glue migration into unintended vessels was ever explained to the complainants. The judgment stated: “The consent obtained in the present case and the assertions made by the OPs in defence are of limited consequence. If the surgery entailed high risk as asserted by OPs, it was even more imperative for the OPs to elicit the necessary responses with specific questions with respect to the medical history and associated conditions of patient to determine her risk potential and take necessary preventive measures.”
The Commission also rejected the contention that the complainants concealed any relevant medical history. It held that the doctor had the primary duty to ask the right questions and assess the patient’s risk profile. Observing that even after the complication had arisen, the medical team failed to take timely preventive or corrective measures, the Bench remarked: “After the slippage of the chemical Glue into the artery and the blood flow was blocked, the patient had to be urgently shifted to Ganga Ram Hospital in Delhi in very critical condition, where her right leg was amputated.”
Referring to several Supreme Court precedents, including Jacob Mathew v. State of Punjab (2005) 6 SCC 1, Samira Kohli v. Dr. Prabha Manchanda 1(2008) CPJ 56 (SC), M.A. Biviji v. Sunita & Ors. (2023), and Neeraj Sud v. Jaswinder Singh (2024), the Commission reiterated that medical professionals are expected to adhere to a reasonable standard of care and that failure to do so—especially in the absence of informed consent—amounts to actionable negligence.
The Commission also took into account the long-term impact of the disability on the young girl’s life, including her diminished chances for employment, social challenges, and the psychological burden of lifelong disability. Noting the profound implications for a girl child, it observed: “The patient who suffered the consequences is a girl child and thus the implications are even more profound.”
It further held that in cases where the negligence is manifest and results in such irreversible consequences, just and fair compensation must be awarded to enable the affected person to live a life of dignity. While acknowledging that no monetary amount can undo the damage, the Commission directed both the surgeon and the hospital to jointly and severally pay Rs. 75,00,000 to the complainants within one month, failing which interest at 12% per annum would accrue until final payment. In addition to the compensation, the Commission also directed the OPs to pay Rs. 50,000 as litigation costs.
Appearance
For the Complainants: Mr. Alok Saxena, Advocate, Mr. Saksham T., Advocate
For the Opposite Parties: Dr. Anirben Chatterjee, in person OP-1 Mr. Vikas Nautiyal, Advocate for Mr. Srijan Nayak for OP-2
Cause Title: Jaita Mitra Basu and Another V. Dr.Anirben Chatterjee and Another
Case No: CC NO. 2644 OF 2017
Coram: Hon’ble Mr. Subhash Chandra [Presiding Member], Hon’ble AVM J. Rajendra, AVSM VSM (Retd.) [Member]
[Read/Download order]
