What Happened?
Imagine going in for a surgery to remove a diseased kidney and waking up with your healthy kidney gone instead.
That is exactly what happened to Shanti Devi, a woman from India who was diagnosed in April 2012 with severe hydronephrosis a condition where dangerous fluid accumulation was destroying her right kidney. Pre-surgery ultrasound and imaging reports were crystal clear: the right kidney was diseased, and the left kidney was completely normal.
The surgery was planned accordingly remove the right kidney.
But when post-surgery CT scans were done in June 2012, the shocking reality came to light:
- ✅ The diseased right kidney was still inside her body.
- ❌ The healthy left kidney had been removed.
The surgeon had operated on the wrong side.
The Two-Year Ordeal
Left with only one kidney and that kidney being the dysfunctional one Shanti Devi had no real path to recovery. She underwent repeated dialysis sessions for nearly two years, suffering through a life that the surgical error had irreversibly broken.
She passed away on February 20, 2014.
Her family then did what they had every right to do they approached the courts.
What the Court Said
The case Veer Singh & Ors. v Dr. Rajeev Lochan was heard by the National Consumer Disputes Redressal Commission (NCDRC).
In its order dated May 18, 2025, a bench comprising President A.P. Sahi and Member Bharatkumar Pandey delivered a strong and unambiguous verdict.
The Commission called the removal of the healthy left kidney:
“A medical disaster and a negligence of the highest order.”
It further noted that had the healthy left kidney remained intact, Shanti Devi would likely have survived longer. Once the healthy kidney was gone and the diseased one failed, she had virtually no chance of survival.
The Surgeon’s Defence And Why It Was Rejected
The surgeon argued that it was anatomically impossible to remove the left kidney through a right-side surgical incision. He claimed he could not have imagined such a thing happening during his operation.
The NCDRC rejected this defence entirely.
The Commission pointed out that the surgeon himself had recorded “right side nephrectomy” in the post-operative documents — confirming the surgery had been planned for the right kidney. There was also no independent medical explanation for the disappearance of the left kidney.
The facts spoke for themselves.
The Compensation Breakdown
The NCDRC awarded a total of ₹2 Crore in compensation:
| Component | Amount |
|---|---|
| Lump sum compensation for negligence | ₹1.5 Crore |
| Loss of love and affection (per complainant) | ₹10 Lakh each |
| Litigation costs | ₹1 Lakh |
| Interest (from date of death: Feb 20, 2014) | 6% per annum |
| Interest in case of default (beyond 3 months) | 9% per annum |
What This Case Means for Doctors
This case is a stark reminder that even a single procedural lapse operating on the wrong side can result in:
- Criminal and civil liability
- Crore-level compensation orders
- Years of legal proceedings
- Permanent damage to professional reputation
This wasn’t a complicated situation requiring a difficult medical judgement call. The pre-operative reports were clear. The planned procedure was documented. Yet the error still happened and the consequences were fatal and irreversible.
A Note from LiableCover
At LiableCover, we work exclusively with doctors and healthcare establishments. Cases like this are exactly why Professional Indemnity (PI) Insurance exists.
No doctor enters an operation theatre with the intention of causing harm. But medicine is high-stakes, high-pressure, and deeply human which means errors, however rare and unintended, can happen.
PI Insurance ensures that when the unthinkable occurs:
- The doctor is legally protected and represented
- Compensation claims are handled by the insurer
- The doctor’s livelihood and practice are not destroyed overnight
If you are a doctor or run a medical establishment and don’t yet have PI coverage this case is your wake-up call.
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