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UP Consumer Commission imposes Rs 1.27 cr fine for performing a fatal 'unnecessary' surgery

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By ETV Bharat English Team

Published : Dec 16, 2023, 1:46 PM IST

A young man died on July 20, 2015, after undergoing an 'unnecessary' operation for a gall bladder ailment at a private hospital in Lucknow. The father of the deceased approached the UP State Consumer Commission, which held the hearings and found fault with the doctor and the nursing home owner. The Commission ordered them to pay a hefty sum of Rs 1.27 cr to the victim's family.

A young man died on July 20, 2015 due to a wrong operation by a doctor. The deceased was suffering from gall bladder issues
State Consumer Commission

Lucknow (Uttar Pradesh): The UP State Consumer Disputes Redressal Commission ordered a doctor and a nursing home owner to pay a hefty fine of Rs 1.27 crore for causing the the death of a young man by performing a wrong operation.

The complaint, filed by Fatehpur resident Gyan Dev Shukla, alleged that his son, Shivam Shukla, who was suffering from gall bladder disease, underwent treatment at Lohia Hospital. Dr. Arun Srivastava, the surgeon, conducted several tests and proposed an operation. Despite the hospital’s capability for a telescopic procedure, Dr. Arun advised surgery at a nearby private nursing home.

On July 20, 2015, the victim was admitted to the nursing home where he underwent an operation for which a fee of ₹40,000 was charged. However, Shivam's condition deteriorated post-operation, prompting Dr. Arun to transfer him back to Lohia Hospital where the victim passed away during treatment.

Despite complaints from the family, the issue was not resolved by the hospital. Then Gyan Dev Shukla approached the State Consumer Commission. The Commission held Dr. Arun Srivastava and the management of the surgical clinic accountable for fatally faulty service, mandating compensation. Dr. Arun was directed to pay Rs 25 lakh to the victim's family, with an additional Rs 50 lakh imposed on the nursing home operator. The fine, along with a 12% annual interest from July 20, 2015, and covering legal expenses and mental tortures, totals Rs 1.27 crore, to be paid to the victim's family within 30 days.

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