No Evidence of surgery! Consumer Court Exonerates Eye Hospital of medical negligence charges
No Medical Negligence
Chandigarh: The State Consumer Disputes Redressal Commission (SCDRC), Punjab, recently exonerated a Pathankot-based Eye Hospital, accused of medical negligence during eye surgery, after noting that there was no evidence on record to prove that the surgery was performed.
The history of the case goes back to 2020 when the complainant suffered an eye injury at work and approached the treating hospital for medical treatment. It was submitted by the patient that the hospital got the injured left-eye-radio-graphed (x-rayed) and observed that a ‘Tiny radio-opacity noted in the left orbit seems some foreign particle’ and advised for surgery.
Post-surgery, the complainant visited the hospital the next day, was given an injection in his left eye and was asked to follow the treatment. Follow-up treatments were continued. However, the patient claimed that even though the hospital had assured that the left eye had recovered after removing the foreign particle, the condition of the left eye deteriorated due to an infection in the eye and the injury got worse so that he had to be operated again at a hospital in Amritsar. Due to the injury to the eye, the complainant allegedly could not do his professional duties. Filing the consumer complaint, he demanded Rs 20,00,000 as damages.
On the other hand, the treating hospital submitted that the complainant had approached them 48 hours after the eye injury and previously he received medical treatment from a local clinic. However, the eye continuously swelled with infection. They also submitted that there was no negligence on their part and prayed for the dismissal of the complaint. While considering the matter, the District Commission had dismissed the complaint. Challenging this, the complainant approached the State Consumer Court, Punjab.
The Commission noted that even though the Complainant argued that the surgery was performed on his left eye by the treating hospital, there was no evidence on record to prove it.
"As per the contentions of the appellant/complainant that surgery was performed on his left eye by the respondent/opposite party, if it is so, then it was his prime duty to produce some sufficient evidence on the record to prove that any such surgery was performed and he remained in the hospital as indoor patient but as observed, there is no evidence on the file to prove that any such treatment was given to the appellant/ complainant," noted the Commission.
On the other hand, the Commission noted that the hospital alleged that the complainant's eye was infected and filled with puss and blood, so it was not possible to perform any surgery. The hospital claimed that the complainant was given initial treatment with the medicines to follow.
Taking these arguments into consideration, the Commission observed,
"From the perusal of the record produced on record by the appellant /complainant, nothing is proved that the respondent/ opposite party performed the surgery upon the appellant/complainant due to which he lost his left eye. In lack of any proper evidence on behalf of the appellant/ complainant qua the allegations, as leveled, the respondent/ opposite party cannot be penalize for the act which they never committed."
"The District Commission while deciding the complaint of the complainant has rightly observed that the opposite party-Hospital/ doctor has been viciously and unnecessarily accused by the appellant/complainant seemingly for an ulterior purpose," the State Commission observed, while upholding the District Commission's order.
To view the order, click on the link below:
https://medicaldialogues.in/pdf_upload/punjab-scdrc-no-medical-negligence-262026.pdf
