Man left partially blind after govt hospital surgery, Calcutta High Court awards Rs 5 lakh

Why court awarded compensation

The appellant, who is an electrician by profession, had gone for cataract surgery at the government hospital. The surgery allegedly led to complications, infections and a series of treatments, leading to loss of vision. The bench took note of an opinion given by the Director of the Regional Institute of Ophthalmology (RIO), Kolkata, which stated that the unfortunate incident may have resulted from contamination by microorganisms in operative devices or solutions/fluids and/or faulty sterilisation of instruments.

The court also found that the hospital’s own medical board had recommended several corrective measures, including various changes in the OT area with regard to the entrance, placement of the wash basin and closure of one utility room inside the OT chamber. The bench observed that these recommendations themselves indicated that the hospital was not adequately equipped to conduct eye surgeries.

“It is strange that the same medical board which advised autoclaving, sterilization, foot wash, foot cover, orientation programme for the staff and placement of dedicated staff and nurses at the OT (operation theatre), held that there was no negligence in the treatment had been undertaken in the hospital, which did not have trained OT staff, nurses and necessary infrastructure,” the court said.

It found sheer negligence on the part of the hospital authorities and also the state government, in allowing surgery without proper check and measure. It further noted that medical board’s report indicated infrastructural gaps and opined that the risks which the hospital had taken to perform the surgeries on the poor citizens showed rash and negligent actions.

The court stressed that the State hospitals should be run with the basic infrastructural facilities and that the lack of supervision as also the callousness with which the surgery was performed without ensuring proper infrastructure, had put the lives of the citizens at stake. It said that the State is duty bound to provide all infrastructural facilities to run the government hospitals.

“Constitutional courts have an obligation to protect and uphold the fundamental rights of citizens. The courts have a duty to do complete justice and on such principle, we are empowered to award monetary compensation as a mode of redressal and a balm to the wound,” it said.

The court, thus, allowed the plea and awarded Rs 5 lakh compensation to the patient to be paid within eight weeks. The court said the compensation was determined after considering the treatment expenses incurred by Debnath, his loss of future prospects and the fact that he was the sole breadwinner of his family.