Jaipur: The District Consumer Disputes Redressal Commission (DCDRC), Jaipur II recently held a private hospital and a doctor responsible for medical negligence during cataract surgery. Accordingly, the Consumer Court directed them to pay Rs 16.61 lakh compensation to the complainant whose pupil turned white after the surgery and who lost her vision.
Further, the doctor and the hospital were also directed to return Rs 18,000 charged from the complainant for the operation with 9% interest from the complaint filing date.
The history of the case goes back to 2015 when the patient had some problem in her right eye and she visited the treating doctor. After examining the patient, he prescribed her some medicines and an injection was also given after some days and due to this, she was in pain for several days. She continued the treatment under the treating doctor and on September 24, 2008, she was advised to undergo a cataract operation at the treating hospital.
Accordingly, the patient deposited Rs 18000 in cash and underwent a cataract operation of the right eye on 26.03.2009. It was alleged that the doctor had assured that the surgery was successful. However, when the bandage on the complainant's eye was removed after a few days, there was no improvement and the pupil of the eye also became white. When she raised this concern before the doctor, he had assured that it would get better gradually of medicines were taken.
As per the patient, the doctor put a lens worth Rs 2000 during the cataract surgery even though Rs 8000 was deposited for the same purpose. She alleged that the surgery was done negligently and due to this, the pupil got damaged due to swelling and infection in the eye.
Despite undergoing continuous treatment, her eye did not get better. When she went to Dr. Rajendra Prasad Ophthalmology Centre of All India Institute of Medical Sciences (AIIMS), New Delhi, the patient was told that her pupil had been damaged and a new pupil would be fitted in its place.
Allegedly, the doctor at AIIMS had informed that the cataract surgery had been done carelessly, which caused swelling and infection in the eye, and the pupil got damaged. Therefore, filing the consumer complaint, the patient sought compensation.
On the other hand, the hospital and doctor denied negligence on their part and pointed out that the patient started getting treatment of the right eye at AIIMS Delhi after 8 months of getting the treatment done at their facility and she also filed the consumer complaint beyond the two-year time limitation. They also contended that infection after the cataract surgery was not negligence on their part.
While considering the matter, the consumer court opined that the complainant got the eye operation done by the treating doctor and the surgery was done at the treating hospital, which was not done properly. Due to this, the patient was taken to AIIMS, New Delhi, where it was said that she was taking Prednisolone earlier, due to which the steroids went into the eye, the eye got infected and the operation was not done properly.
"The complainant was not operated properly by the opposite parties and a medicine was given repeatedly due to which steroid was administered in excess and the complainant could not see anything from her right eye and the pupil became white...The pupil of the complainant's eye has been damaged due to infection caused by careless and negligent operation done by opposite party no. 1 (the doctor).. which happened because of infection done by opposite party no. 1 in a careless and negligent manner, and this act of his falls in the category of serious service defect," observed the consumer court.
Hence, the consumer court directed the hospital and doctor to pay Rs 18,000 for the operation and lens taken from her along with interest at the rate of 9% per annum from the date of filing the complaint till payment. Further, the Commission directed them to pay Rs 16,50,000 as compensation for mental agony and Rs 11,000 for the complaint expenses within one month from the date of order.
To view the order, click on the link below:
https://.in/pdf_upload/jaipur-dcdrc-255527.pdf
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