Cataract surgery without fitness Certificate and Implanting Expired Eye Lens costed Rs.5 lakhs to the Doctor.

Atleast myself came to know for the first time that an Eye Lens also comes with Expiry date.

Case Details :

Dr. Hitesh Chheda and Asian Eye Institute and Laser Center, Mumbai V/s. Ramesh Dedhia

Appeal No.95/2017, decided on 16/02/2018, by Hon. SCDRC, Mumbai.

Link :

http://cms.nic.in/ncdrcusersWeb/GetPdf.do?method=getPdf&cid=21%2F0%2FA%2F17%2F95&dtOfHearing=2018-02-16

Facts in short :

1.  The patient had right eye cataract operation in the year 2007 with the Appellant Doctor. In 2009, when he had problems with his left eye, he was advised to undergo cataract surgery by Appellant Doctor and accordingly on 28/10/2009, the left eye cataract surgery was conducted and on same day he was discharged.

2. However on next day of follow-up, the patient started complaining about unclear vision despite of cataract operation and he also had swelling around his left eye.

3. It was noticed by the daughter of patient that the empty packet of the implanted lens had expiry date in August, 2009  and the surgery was conducted in October-2009.

4. The Complainant came to know from other eye surgeons that in such cases, another surgery would be necessary after 40 days from the date of such operation, else the patient may lose his vision permanently.

5. To the much of dismay of the Complainant the Doctor did not pay any heed and thus the complaint was filed in District Forum. The District Forum imposed Rs.5 lakhs on the Doctor as compensation and the Doctor challenged the said order before State Forum.

Held :

1. The State Commission dismissed the Appeal after going through the record and after hearing of the parties. 

2. It was also revealed that before operation except blood test, no other pre operational tests were performed when the Doctor knew that the patient was a diabetic and High BP patient. The Commission rejected the contention on behalf of the Doctor that since the surgery was a minor one, doctor did not insisted for fitness certificate. 

3. It was also revealed that there was an attmept to manipulate the medical record regarding discharge date.

4. The serial number of the lens on discharge card matched with the empty packet which was produced in the Court.

5. The fact that the Compinanant suffered  loss of his left eye vision was confirmed by H.B.M.G. Hospital of Municipal Corp. Mumbai. Thus on these facts the State forum dismissed the Appeal and in addition imposed cost of Rs.25,000/- on the Appellant.

6. This is very important case and it also teaches us important lesson that the Consumer should also be aware about the procedure and the equipments etc. used. If the daughter of the Complainant did not check the expiry date, perhaps he never  would have come to know the faulty surgery. The Doctors also have to be very careful. In this case intention of Doctor is immaterial. Let's presume expired lens was  inadvertently used, but at what cost ? So be careful. Try to adopt some mechanism do deal with expired goods/items and thier disposal.

Thanks and Regards,

Adv. Rohit Erande.

Pune.©