"To attribute medical negligence, the onus is on the Complainant" - Adv. Rohit Erande ©

 "To attribute medical negligence, the onus is on the Complainant"

The allegations that prescribing wrong eye drops  damaged the right of the Complainant, were turned down.  

Adv. Rohit Erande ©

Case Details : Before NCDRC, REVISION PETITION NO. 3307 OF 2016

 (Against the Order dated 15/09/2016 in Appeal No. 2519/2015 of the State Commission Uttar Pradesh)

 DR. SACHIN TYAGI V/s. SULTAN MOHD. KHAN

BEFORE:  

  HON'BLE DR. S.M. KANTIKAR,PRESIDING MEMBER & HON'BLE MR. BINOY KUMAR,MEMBER

ORDER dated : 25 Jan 2022


Facts in short : 


1.     On 10.02.2014 the Complainant underwent right eye cataract operation in Dr. Sharma Prasad Mukherjee (Civil) Hospital, Lucknow and advised to take Tab. Wysolone 20 mg. Thereafter, he had pain in the operated eye and consulted Dr.Sachin Tyagi-the Petitioner on 20.03.2014. He diagnosed it as scleral melt disease and  prescribed  medicines viz. Levobact- eye drop; Soft Drop- eye drop; Panthegel- eye ointment & Saiclodase- Tablet for pain (SOS). Again on 22.03.2014, the Complainant visited the Petitioner wherein it was diagnosed as “Hypopyon” of the operated eye. He changed the medicines to  Microflox 1000 mg- Tablet; Moxicipe- eye drop; Fortified Tombramycin- eye drop; Atrocin- ointment. 

2. The Complainant again visited the hospital of the Petitioner on 31.03.2014, advised one injection Tramasure. As there was no recovery, on 03.04.2014 the Petitioner referred the Complainant to the Retina specialist.  Thereafter, the Complainant approached few eye hospitals and came to know that the Petitioner prescribed wrong eye drops which damaged his right eye. Being aggrieved by the eye damage because of the delayed reference and negligent treatment, he filed the Consumer Complaint before the District forum, Sambhal.

3.       The District Forum partly allowed the Consumer Complaint  and directed the Petitioner  to pay   Rs. 50,000/- as a compensation with 9% interest per annum from the date of filing of the Complaint along with the cost of Rs. 1,000/-, against which    the Petitioner appealed before the State Commission, UP at Lucknow, but in vain and hence the Revision was filed.  

Held :


1. After perusing the record and documents and after hearing of the Parties, the Hon. Commission dismissed the Revision Application.  

2. It was observed that the  Complainant consulted different eye hospitals namely AIIMS -Delhi, Loins Eye Centre and  Sahay hospital Research Centre, Jaipur and all the hospitals diagnosed it as  scleral melt with endophthalmitis of right eye.

3. It was held that to attribute medical negligence, the onus is on the Complainant to establish whether the diagnosis and treatment advised by the Petitioner was not as per the reasonable standard of practice.

4. It was held that from the books on Ophthalmology, the Scleral Melt is Scleral inflammation and necrosis can occur at variable time intervals after different anterior and posterior segment ocular surgeries including pterygium, cataract extraction, trabeculectomy, vitrectomy, and penetrating keratoplasty. A number of systemic diseases have been associated with surgically induced necrotizing scleritis. 

5. In the instant case already there was infection of the sclera and the Petitioner treated it with higher antibiotics as a reasonable standard of practice. But the infection was not resolved, which was diagnosed   on 31.03.2014 as scleral melt along with endophthalmitis therefore he referred the patient to the specialist. We don’t find any deviation or delay in reference.  

6. We further note that the different hospitals treated him with same kind of medicines. Moreover, the scleral melt usually aggravated due to use of excessive steroidal eye drops   but in the instant case the Petitioner has not prescribed any steroids. 


An important judgment. Prescribing proper medication and follow standard practice is the backbone and best defense in any medico-legal case. However, the experts may throw light, their lordships have held that no steroidal eye drops were prescribed, but Tab.    Wysolone falls under the category of steroids. Isn't  it ?


With kind regards


Adv. ROHiT ERANDE.©


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