Surgeon fined ₹3.5L for negligence after patient loses vision
What's the story
The Supreme Court has directed an eye surgeon to pay ₹3.5 lakh as compensation to a patient who suffered an infection after a cataract operation.
The bench, comprising Justices Vikram Nath and PB Varale, upheld the State Consumer Commission of Maharashtra's findings which had earlier ruled that the surgeon was negligent in his duties.
The court found that the surgeon failed to diagnose and address the infection and abscess that developed post-surgery, leading to severe complications for the patient.
Legal proceedings
Patient's ordeal post-surgery leads to legal battle
The patient underwent cataract surgery on January 11, 1999, at a Pune clinic. After the surgery, he suffered severe pain and other complications but was repeatedly assured by the surgeon that his condition would improve.
However, on January 27, another eye specialist diagnosed complete damage to the operated eye due to a septic infection.
The patient was later admitted to a military hospital where he was diagnosed with endophthalmitis and lost complete vision in his right eye.
Case progression
Initial dismissal and subsequent appeal reveal negligence
Initially, the District Consumer Forum dismissed the patient's complaint for lack of expert evidence.
However, on appeal, the State Consumer Commission found clear evidence of medical negligence on the part of the surgeon.
The Commission ordered ₹3.5 lakh compensation with interest if not paid within a year.
This decision was later overturned by the National Consumer Disputes Redressal Commission (NCDRC) attributing infection to traumatic injury caused by self-administered bandage changes by the patient.
Final verdict
Supreme Court rules in favor of patient, mandates compensation
Both parties moved to SC, unhappy with NCDRC's verdict.
SC held that "the respondent-doctor was negligent in diagnosing" and didn't pay attention to repeated complaints of pain and vision loss by the patient.
The court noted oozing pus post-operation is a sign of infection that needs aggressive treatment.
The judgment states if compensation isn't paid in two months, it will accrue interest at 12% per annum from the date of judgment till payment.