The State Consumer Disputes Redressal Commission here has directed a city-based eyecare unit to compensate the patient by paying a sum of ₹15 lakh for a cataract surgery gone wrong.
Holding Aditya Eye Care and Opticals guilty of medical negligence for not registering itself with the Delhi Medical Council and Directorate of Health Services, the consumer panel observed that the opposite parties deliberately withheld their records. “Admittedly complainant was blinded in her left eye. There is no record of the surgeries performed by the treating doctor. The [doctor] failed to place on record his educational certificates showing his competence to conduct eye surgery. They also failed to disclose if the surgery was done in the charitable institution or in the regular clinic” the consumer panel said.
It further said: “Refuting allegations levelled by the opposite parties, the complainant submitted that due to gross negligence..., the MCI had initiated an inquiry. Complainant submitted that the plea in relation to submitting ‘consent form’, was false and fabricated.” Complainant Kavita Khanna had alleged that the cataract surgery was unsuccessful due to negligence.
“Contention of the complainant is that before the surgery, mandatory tests were not done. Requisite facilities were not available in the nursing home. After the surgery, there was bleeding in the operated eye. Another operation was conducted by the same doctor but the condition of the patient deteriorated,” the complaint stated.