North India Statesman
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Mumbai: The Supreme Court upheld the Maharashtra Consumer Commission’s verdict that an eye surgeon failed to detect and treat infection after a cataract operation and overturned the National Consumer Disputes Redressal Commission’s verdict of medical negligence.
This result is due to the gross medical negligence of the defendant doctor. The court said that due to the expertise required from the doctor, corrective steps could have been taken. Within two months the respondent paid the appellant Rs. The Supreme Court has directed to give compensation of Rs 3.50 lakh. If compensation is not paid within the stipulated time, 12 percent annual interest will have to be paid.
The Appellant is the original complainant who had approached the clinic of the respondent Eye Surgeon at Pune on 11 January 1999 after suffering from cataract in the right eye. After examination, the defendant suggested to undergo cataract operation. After the operation he was discharged on the same day. On January 20, 1999, he consulted a doctor due to severe eye pain and headache. The doctor changed the eye patch, gave him medicine and asked him to wear dark glasses. When the eye pain did not subside, the doctor examined the eyes. But the complainant could not open his eyes. Although the eye was stuck, the doctor assured that the operation was successful.
When the eye condition worsened, the doctor said there was no need to worry. The next day the doctor cleaned the eye but the complainant stopped seeing anything but the doctor assured that everything would become normal in a few days. Asked to check blood sugar but it also came back normal.
The complainant contacted another doctor and after contacting the second specialist he said that his eye was completely damaged and if not removed in time, there would be brain damage as well. The complainant went to a third doctor, here too he was told that his eye had become septic and the eye would have to be removed. He was finally admitted to the military hospital and treated. The complainant did not have to have his eye removed but he did lose his vision.
As the complainant lost his eye and money, a sum of Rs. A compensation claim of Rs 10 lakh was filed. The District Consumer Commission rejected the claim saying that expert evidence was not presented. However, the State Consumer Commission termed the doctor’s negligence and fined Rs. Order was given to pay compensation of Rs 3.50 lakh. The respondent doctor complained to the National Consumer Commission. The complainant also appealed saying that the State Commission did not calculate his specific loss.
The National Consumer Commission said that the Appellant had changed his eye patch himself, which dislocated the lens and appeared to have caused infection. It cannot be said that the doctor’s surgery has caused harm because the injury has become infected.
However, the Supreme Court found that the doctor in this case was negligent in diagnosing the complainant’s eye. When the complainant went to the doctor with his complaint five times in a week, the doctor gave him empty assurance. While other doctors diagnosed him with eye infection and complete eye damage. It appears that the surgeon was negligent in making the diagnosis. Doctors could not detect the eye infection and did not treat it in time.
