If a surgery is performed on the wrong body part in India, it is considered a grave medical error and amounts to medical negligence, which can lead to serious civil, criminal, and professional consequences for the hospital and doctor. 1. Civil Liability – Compensation The victim (patient or family) can file a complaint in: Consumer Court under the Consumer Protection Act, 2019, for deficiency in medical service Civil Court for compensation under tort law (negligence) Compensation may cover: Physical and mental trauma Loss of income or earning capacity Future medical expenses Pain and suffering Case Example: In V. Kishan Rao v. Nikhil Super Specialty Hospital (2010), the Supreme Court emphasized strict liability for medical negligence in cases of clear errors. 2. Criminal Liability If the act is proven to be grossly negligent or reckless, criminal action can be initiated under: Section 304A IPC – Causing death by negligence Section 337 IPC – Causing hurt by endangering life Section 338 IPC – Causing grievous hurt by negligent act Punishment can include imprisonment and/or fine. A police complaint (FIR) can be filed by the patient or relatives. 3. Professional/Disciplinary Action A complaint can also be filed before the State Medical Council or National Medical Commission (NMC). If found guilty of professional misconduct: The doctor’s license can be suspended or cancelled Warning or censure may be issued The hospital may face inspection or regulatory action 4. Hospital Responsibility Hospitals may also be held vicariously liable for the acts of their surgeons or staff. They must ensure: Proper pre-surgical protocols Verification of surgical site and patient consent Competence of medical staff Failure of these is actionable in both law and ethics. 5. Evidence Required to Prove Negligence: Medical records Operation notes Witness statements Expert medical opinion (in some cases) Before-and-after photographs or scans Conclusion: Performing surgery on the wrong body part is a serious form of medical negligence in Indian law. The patient is entitled to legal remedy, including compensation, criminal action, and disciplinary punishment of the medical professionals involved.

Dear Client, When an operation is done on incorrect body area it is regarded as a major medical error referred to as wrong-site surgery, which is defined as a negligence under the medical law. The patient can be injured physically, be traumatized, and incur extra expenses. The patient is allowed by law to seek compensation of the injury, further treatment, loss of income and pain caused by the doctor and hospital as a case of medical malpractice. It may also result in the medical council taking disciplinary action against the medical professionals as well as criminal complaints in cases that amounts to gross negligence. i hope this answer helps.

Dear Client, performing the surgery on the wrong site is also a very serious issue in medicine which in turn may cause very serious legal and professional issues for the surgeon and the health facility it is a form of medical negligence. the legal remedies that is available based on liability, civil liability: In a civil court the doctor and the hospital may be held at fault which in turn the patient may seek out for the purposes of compensation which includes medical bills, pain and suffering, and also in the case of permanent injury or lost income due to the mistake. criminal liability: In the cases of gross negligence which is a result of a surgeon's reckless disregard for the patient's safety they may be charged with a crime. it is at the charge of the prosecutor bring forward charges which may include section 106 Bns (causing death by negligence) and section 125 (grievous hurt). I hope this helps you with respect to your queries. please feel free to reach out. Thank you.