'Blatant Medical Negligence': Supreme Court Directs Surgeon To Pay Rs 3.5 Lakh To Patient Who Developed Infection After Cataract Operation

The Supreme Court restored the findings of the State Consumer Commission of Maharashtra which found that the present Respondent, an eye surgeon, had failed to diagnose and also further failed to take corrective steps after the Appellant developed an infection and abscess following a cataract operation. Before District Consumer Forum and State Consumer Commission Aggrieved about the loss of vision, money spent on doctor visits and the operation, the Appellant sent a legal notice to the Respondent for willful medical negligence and claimed Rs.10,00,000. It held: "Given the medical opinion reproduced above and the fact that the appellant made five visits to the respondent-doctor in a week's period while consistently complaining of immense pain in the operated eye, headache and lack of vision while the respondent kept reassuring him that the operation was successful and he would recover his vision eventually, whereas all the three other doctors who the appellant visited on 27.01.1999 opined that the appellant was suffering from endophthalmitis which has led to complete damage of the eye, it becomes evident that the respondent-doctor was negligent in his diagnosing the respondent's eye. It said: "With regard to the diagnosis of endophthalmitis after a cataract surgery, pain in the operated eye and no regaining of vision following operation were considered to be the two most important symptoms – a complaint that was consistently made by the appellant herein in his multiple visits to the respondent post-operation."