This is an archive article published on September 29, 2023
Gall bladder removed after wrong diagnosis: NCDRC asks doctor to pay Rs 3 lakh compensation to patient
The complainant said she was incorrectly diagnosed and wrongly operated upon by the doctors for the removal of her gall bladder when she was actually suffering from a perforated appendix.
Written by Nirbhay Thakur
New Delhi | Updated: September 30, 2023 09:34 AM IST
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The court held that the doctor’s diagnosis of stones in the gall bladder was incorrect despite various tests and investigations. (Representational Photo)
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Gall bladder removed after wrong diagnosis: NCDRC asks doctor to pay Rs 3 lakh compensation to patient
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The National Consumer Disputes Redressal Commission (NCDRC) earlier this month held a doctor at Delhi Nursing Home, Bathinda liable for negligence in a case where a patient’s gall bladder was wrongly removed without her consent following an incorrect diagnosis. The court also directed that a compensation of Rs 3 lakh be paid to the petitioner (complainant).
“Removal of the gall bladder instead of conducting laparoscopic surgery to remove the stones in the gall bladder without the consent of the complainant was incorrect and against medical ethics,” held Subhash Chandra, presiding member of NCDRC.
The court further held that the doctor’s diagnosis of stones in the gall bladder was incorrect despite various tests and investigations. Another specialist whom the patient later consulted had diagnosed that perforation of the appendix was causing the abdominal pain in the patient.
The petitioner, Arti, had earlier approached the District Consumer Disputes Redressal Forum in Bhatinda with a complaint against two doctors – Dr Gagandeep Goyal (along with three others) of R Gagan Gastro Care Hospital along with Dr Sanjay Garg of Delhi Nursing Home, Bhatinda – seeking compensation.
The forum held Dr Garg liable for negligence stating that he did not carry out necessary investigations prior to treating Arti, but found Dr Goyal to be innocent. Dr Garg was subsequently asked to pay Rs 3 lakh to the patient as compensation. This was challenged by Arti at the Punjab State Consumer Disputes Redressal Commission.
However, the state commission held both doctors innocent stating that “post-operative complications do occur and cannot be ascribed to doctors.”
“Bile duct injury is a well-known complication of laparoscopic cholecystectomy procedure (LCP). It must be presumed that the incidence of CBD (central bile duct) injury is a well-known risk when a patient undergoes LCP. The same cannot be correlated as the act of negligence or carelessness on the part of the operating surgeon,” the state commission had held.
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This order was challenged by Arti and a revision petition was filed with the NCDRC.
Arti’s complaint was that she had been incorrectly diagnosed and wrongly operated upon by the doctors for the removal of her gall bladder and insertion of a stent in the CBD of the liver when she was actually suffering from a perforated appendix. This, she alleged, had resulted in medical complications costing her over Rs 2.5 lakh. She further alleged that Dr Garg, instead of removing stones from her gall bladder had removed the gall bladder itself – that too without her consent.
The NCDRC rejected the state commission’s order and upheld the order of the district forum. “The diagnosis of the perforated appendix was not done by respondents 1 and 2 (the doctors), despite various tests,” it noted.
Nirbhay Thakur is a Senior Correspondent with The Indian Express who primarily covers district courts in Delhi and has reported on the trials of many high-profile cases since 2023.
Professional Background
Education: Nirbhay is an economics graduate from Delhi University.
Beats: His reporting spans the trial courts, and he occasionally interviews ambassadors and has a keen interest in doing data stories.
Specializations: He has a specific interest in data stories related to courts.
Core Strength: Nirbhay is known for tracking long-running legal sagas and providing meticulous updates on high-profile criminal trials.
Recent notable articles
In 2025, he has written long form articles and two investigations. Along with breaking many court stories, he has also done various exclusive stories.
1) A long form on Surender Koli, accused in the Nithari serial killings of 2006. He was acquitted after spending 2 decades in jail. was a branded man. Deemed the “cannibal" who allegedly lured children to his employer’s house in Noida, murdered them, and “ate their flesh” – his actions cited were cited as evidence of human depravity at its worst. However, the SC acquitted him finding various lapses in the investigation. The Indian Express spoke to his lawyers and traced the 2 decades journey.
2) For decades, the Jawaharlal Nehru University (JNU) has been at the forefront of the Government’s national rankings, placed at No. 2 over the past two years alone. It has also been the crucible of campus activism, its protests often spilling into national debates, its student leaders going on to become the faces and voices of political parties of all hues and thoughts. The Indian Express looked at all court cases spanning over two decades and did an investigation.
3) Investigation on the 700 Delhi riots cases. The Indian Express found that in 17 of 93 acquittals (which amounted to 85% of the decided cases) in Delhi riots cases, courts red-flag ‘fabricated’ evidence and pulled up the police.
Signature Style
Nirbhay’s writing is characterized by its procedural depth. He excels at summarizing 400-page chargesheets and complex court orders into digestible news for the general public.
X (Twitter): @Nirbhaya99 ... Read More
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