After the alleged botched cataract surgery, the patient, a security guard by profession, lost vision in his right eye. In its October 23 order, the district consumer court directed the hospital to pay Rs 10 lakh as compensation and Rs 10,000 as legal costs.
The history of the case goes back to April 2024, when the complainant/patient first visited the ESI Hospital with a complaint of blurred vision in his right eye. After examining the patient, the treating doctors diagnosed cataract and conducted the surgery for its removal.
After the surgery, the patient developed pain, irritation, and swelling in the right eye. The medical records showed that a portion of the cataract, described as a thin sheet of cortex behind the intraocular lens, was left behind after the operation.
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Therefore, the treating doctors performed a 'cortex re-aspiration' in May 2024. Despite this, the patient's condition did not improve, and his vision deteriorated further. As per the latest media report by the Times of India, the patient continued suffering from corneal edema and iritis.
Later, the patient was referred to the Regional Institute of Ophthalmology, Egmore. At the second hospital, the patient underwent further treatment, including a pneumodesmetopexy procedure in July 2024, in order to address the corneal condition. In spite of all the efforts, the sight in the patient's right eye could not be restored.
On the other hand, the hospital submitted that the surgery was uneventful and all appropriate measures were taken during the treatment. Further, the hospital argued that the residual cortex was later cleared after the post-operative inflammation subsided.
Stating that the patient was referred to a tertiary centre in due time, the hospital denied any negligence on its part and insisted that the complication was managed with care.
After taking note of the submissions and perusing the records, the commission, however, observed that the records clearly showed the presence of corneal edema and cortex remnants following the surgery.
Applying the legal maxim res ipsa loquitor, the Commission concluded that the hospital failed to demonstrate that due care was exercised. It also observed that the follow-up treatment fell below acceptable medical standards, resulting in total loss of vision in one eye. Accordingly, the Commission ordered that the hospital to pay Rs 10,00,000 as compensation and Rs 10,000 towards litigation costs.
Also Read: Botched Cataract Surgeries at Gwalior Hospital: 8 Elderly patients lose vision
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