Summary
The Supreme Court restored the State Commission's award of Rs. 3,50,000 against an eye surgeon, holding that his failure to detect and treat post-operative endophthalmitis over five visits in a week, while assuring the patient that the cataract operation had succeeded, was medical negligence in post-operative care. The NCDRC's finding that the patient caused the infection by changing his own dressing rested on an uncorroborated defence.
Issues
- Whether the NCDRC was right in holding that the loss of the patient's eye resulted from trauma caused by his own change of dressing and not from any fault of the operating surgeon.
- Whether the surgeon's failure to diagnose and treat the post-operative infection despite repeated complaints amounted to medical negligence.
Held
- The surgeon's defence that the patient arrived on the third day with a new dressing and pad, causing trauma, could not be relied upon: no case papers were filed with the written version before the District Forum, they were produced for the first time in appeal, and even the prescription of that date recorded no trauma. The NCDRC overlooked this, and an uncorroborated written version could not shift the duty of care onto the patient. (¶¶ 20, 21)
- Relying on the ophthalmologist's opinion that pus discharge after cataract surgery signals infection requiring aggressive treatment, and that pain and failure to regain vision are the key symptoms of endophthalmitis, the Court found that the patient's consistent complaints over five visits in a week, met only with reassurance, while three other doctors diagnosed endophthalmitis on a single day, showed negligent diagnosis and a failure to apply basic expected skill in post-operative care, leading to evisceration and loss of vision. (¶¶ 22, 23)
- The State Commission's findings and award were restored; the matter proceeded ex parte as the respondent did not appear. (¶¶ 17, 24)
Result
Appeals allowed; NCDRC order set aside and State Commission's order restored; respondent to pay Rs. 3,50,000 to the appellants (legal heirs of the deceased complainant) within two months, failing which with interest at 12% per annum from the date of judgment till realisation.