No evidence that hospital conducted operation: Consumer Court absolves Punjab Hospital for patient's loss of sight

Gurdaspur: The District Consumer Disputes Redressal Commission, Gurdaspur recently exonerated the Pathankot based Dr. K. D Eye Hospital from charges of medical negligence while providing treatment to a patient who lost sight in his left eye.

Although the patient claimed that he lost his eyesight because of medical negligence on the part of the hospital while conducting foreign particle removal surgery, the Consumer Court noted that the patient could not produce any evidence to prove that the hospital had conducted the operation.

It was claimed by the hospital that the eye of the patient was not fit for surgery and therefore, they had only provided treatment for repairing and dressing the eye and prescribed medicines for overcoming swelling and infection of the eye.

After perusing the records, the consumer court opined that the Hospital and its doctor "religiously performed their Good Angel-like Duty as has always been expected of the most-noble medical-profession and its practitioners."

Also Read:Two Heart Attacks after Spinal decompression: NCDRC exonerates Neurosurgeon, Anesthetist of Fortis Hospital from Negligence after 15 years

The matter goes back to 2020 when the concerned patient, a Mukerian Based Diesel Engine Mechanic by profession, suffered an eye-injury and had approached Dr. K.D Eye Hospital, Pathankot for medical treatment. It was claimed by the patient that after getting the injured left-eye radio-graphed, the hospital noted a 'Tiny Radio Opacity' in the eye-orbit seemingly some foreign-particle and asked him to deposit Rs 15,000 as admission fee for eye-operation.

It was further submitted by the patient that he was given an injection/medicinal prick in his left eye was asked to follow-up on subsequent dates. After scanning the affected left eye on October 1, 2020, the patient was allegedly told to leave with one month medicines as his eye had recovered after removal of foreign-particle. However, the eye-injury of the complainant allegedly got infected and it worsened fast. 

Thereafter, the patient allegedly had to get his eye operated at a hospital in Amritsar for removing the embedded foreign particle and he was finally discharged from the second hospital on October 20, 2020. It was alleged by the patient that he had lost sight in his left-eye due to medical negligence of the first hospital and his right eye was saved from infection and 'sight-loss' by timely surgery at the Amritsar based hospital.

Filing a complaint before the District Consumer Court, the patient informed about his inability to work and earn livelihood for his family and demanded Rs 20 lakh compensation from the hospital.

On the other hand, the hospital denied the allegations of medical negligence brought against them and submitted that the patient's left eye was injured with a cornea-cut and interior chamber filled with blood and swelled with infection and the eye was never fit to withstand surgery/operation etc as the swelling and infection were to be manged first. Therefore, the hospital claimed that the patient's eye was carefully repaired and dressed only, and medicines were prescribed for overcoming swelling and infection so as to undertake 'foreign-particle removal-surgery' at the appropriate time.

Referring to the records, the hospital further submitted that the patient was never admitted to the hospital and he had been given the OPD medical treatment only to control infection/swelling in his injured eye and by the time i.e. as on 02.10.2020 the injured eye got fit for surgery for removal of foreign-particle, the patient had not turned up again and got the requisite surgery at the Amritsar Hospital.

Although the patient claimed that he had been operated at the hospital, the consumer court noted that the patient "produced documents in evidence of the indoor treatment/surgery at the Amritsar Hospital and the Clinical/X-ray Reports and the OPD reports of the OP Hospital but no evidence of surgery/operation/fees paid etc., at the OP Hospital and as such he has failed to prove his allegations through some cogent, primary or even secondary evidence."

On the other hand, "The OP Hospital has produced sufficient evidence by way of OPD chart to prove its claim," noted the Commission.

"We have minutely examined the versions/documents produced in evidence by the complainant, the OP Hospital/ Doctor, the Amritsar Hospital and other X-ray/Pathological Labs during the course of the present complaint proceedings and find that there's neither any chance nor scope of any doubt pertaining to the truth of the OP Hospital/Doctor Claim of genuine medicaltreatment provided to the complainant during the course of his visits to the OP Hospital w.e.f. 21.08.2020 to 02.10.2020," the District Consumer Court noted at this outset.

"We are indeed sad for the complainant at the loss of sight (of his injured eye) and the consequential loss etc. suffered by him and his family at the cruel hands of destiny but at the same time we are of the considered opinion that the OP Hospital/Doctor have been viciously and unnecessarily accused by the complainant seemingly for an ulterior purpose. Rather, we observe that the OP Hospital/Doctor have religiously performed their Good Angel-like Duty as has always been expected of the most-noble medical-profession and its practitioners," further noted the Commission as it dismissed the complaint.

To read the order, click on the link below:

https://medicaldialogues.in/pdf_upload/no-medical-negligence-punjab-196637.pdf

Also Read: CBD injured during Lap Cholecystectomy: HC absolves surgeon of medical negligence, quashes FIR