Punjab man ‘loses’ vision in one eye after 2 surgeries, gets Rs 2.33 lakh payout

Two surgeries and loss of vision

According to the complainant, he had visited a hospital for medical treatment after he had suffered low vision in his left eye. He alleged that after undergoing surgery, he experienced severe pain and persistent watering in the operated eye. Despite repeated visits, he claimed he was merely told it was post-operative pain before being referred to another hospital. It was stated that another surgery was performed on his eye.

He later sought treatment at a different hospital, where doctors allegedly informed him that his left eye had shrunk and that vision could not be restored. Alleging gross medical negligence, the complainant moved the consumer commission.

Both the hospitals denied negligence and deficiency in service and argued that the complainant developed a post-operative infection due to factors such as his compromised corneal condition or failure to properly use prescribed medication and maintain hygiene. It was claimed that the surgery was successful and the complainant did not return for the follow-up treatment.

The commission observed that the hospital had failed to produce any documentary proof of informed consent warning to the patient of the high failure rate and risk of complete vision loss associated with the surgery. The commission held that the complainant was not properly informed regarding the side effect/complications of the post-operative surgery.

It observed that while one consent form was placed on record, it was in English and could not be presumed to have been understood by an 85-year-old rural patient. The commission further held that referring the patient from the first hospital to the private hospital for a second surgery amounted to an unfair trade practice.

Holding that it could not escape liability for procedures performed within its premises and noting the complainant had completely lost vision in his left eye, the commission concluded that there was clear medical negligence on the part of both hospitals and granted relief to the complainant.

The commission directed the hospitals to refund Rs 33,000 collected towards treatment and surgeries, besides paying Rs 2 lakh as compensation and litigation expenses.

Takeaway

Hospitals must ensure that patients give informed consent after fully understanding the risks and possible complications of a procedure, particularly when they are elderly or do not understand the language of the consent form.

For consumer-related grievances, individuals may contact the consumer helpline in their respective states and Union territories (Punjab: 0800-22577) or call the National Consumer Helpline at 1915 for assistance.