Doctor to pay Rs 4.5 Lakhs for amputating kid’s fingers without consent

"The criminal court did not find truth in the statement of the witnesses of the opposite party and convicted him. Even the conviction has been confirmed by the appellate court," said a the NCDRC.

By: PTI | New Delhi | Published:November 29, 2016 5:37 pm

The apex consumer commission has directed a doctor, who runs a private hospital in Rajasthan, to pay Rs 4.5 lakh to a minor boy for amputating his two fingers without seeking consent from his parents. The National Consumer Disputes Redressal Commission (NCDRC) also took note that the doctor, a West Bengal native, had been convicted by a trial court in a criminal case registered in this regard.

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“The criminal court did not find truth in the statement of the witnesses of the opposite party and convicted him. Even the conviction has been confirmed by the appellate court,” the bench, headed by Ajit Bharihoke, said.

The Commission also said that Rs 4.5 lakh for loss of limb cannot be termed as disproportionate and dismissed the appeal filed by accused doctor A K Sarkar against a state commission order which had upheld the district forum’s decision.

According to the complaint, in 2004, the fingers of Sampath Kumar, son of an Udaipur-resident Narayan Lal, came under the blades of a domestic flour mill after which he was taken to a hospital run by Sarkar.

The doctor assured the parents that Sampath would be fine but allegedly amputated his two fingers without seeking consent from his parents.

A criminal complaint was also registered in this regard under relevant sections of IPC.

The doctor denied that he amputated the fingers Sampath. He also said that on seeing the condition of the child, he refused to treat him but on the insistence of his father, he gave first aid and bandaged him.

The district forum ordered the doctor to pay the amount along with Rs 5,000 as litigation cost to Sampath after dismissing the doctor’s contention that his fingers were detached from his hand when he was brought to the hospital.