Parth Bajaj
On March 15, 2025, the National Consumer Disputes Redressal Commission (NCDRC) directed a Kolkata-based surgeon and hospital liable for medical negligence, ordering them to pay Rs. 75 lakhs in compensation to a young patient whose right leg was amputated due to surgical error. The complaint was filed against Dr. Anirban Chatterjee and Nightingale Diagnostic & Medicare Centre Private Limited by the patient and her father in 2017, seeking damages exceeding Rs. 20 crores.
The surgery performed in 2015 was conducted to remove a lump in the right gluteal region of the then 17-year-old patient. During the procedure, vascular embolization was performed, but a crucial mistake occurred when N-Butyl Cyanoacrylate Glue accidentally slipped into the main artery of her right leg. This led to a blockage in blood circulation, causing gangrene and ultimately necessitating the amputation of her leg. The patient was shifted to Ganga Ram Hospital, New Delhi, where doctors, despite their best efforts, were unable to save her limb. She was later declared 90% permanently disabled.
The NCDRC, after reviewing the case, found that the doctor and hospital had failed to obtain informed consent from the patient regarding the inherent risks of the procedure. Since the patient suffered from Arterio-Venous Malformation (AVM), the doctor was required to explain specific risks rather than relying on a standard consent form. The Commission noted that medical professionals had a duty to elicit detailed responses about the patient’s condition before proceeding with such a high-risk surgery.
In its ruling, the NCDRC referenced Supreme Court precedents, including Neeraj Sud & Anr. v. Jaswinder Singh (Minor) & Anr. (2024 INSC 825) and M.A Biviji v. Sunita & Ors, (2023 INSC 938) to establish that the negligence in performing the surgery was “manifest.” The Commission further highlighted that the amputation had not only caused physical suffering but had also severely impacted the patient’s self-esteem, employability, and quality of life. The Court also considered the Rs. 2,00,000 spent on surgery and Rs. 7,25,000 on a prosthetic leg, which required periodic replacements.
Concluding the case, the NCDRC held Dr. Anirban Chatterjee and Nightingale Diagnostic & Medicare Centre Private Limited jointly and severally liable, awarding Rs. 75 lakhs in compensation.
Case Name: Jaita Mitra Basu and Anr. V. Dr. Anirben Chatterjee and Anr.
Case Number: Consumer Complaint No. 2644 Of 2017
Bench: Hon’ble Mr. Subhash Chandra, Presiding Member and Hon’ble Avm J. Rajendra, Avsm Vsm (Retd.), Member
Click here to access the judgement
Instagram: Click here
LinkedIn: Click here
For Collaboration and Business: info.desikaanoon@gmail.com