Mumbai, May 27: The Maharashtra State Consumer Disputes Redressal Commission has allowed a consumer complaint filed by a now 73-year-old Dombivli resident against an ophthalmic surgeon, holding the doctor guilty of deficiency in service for failing to obtain proper informed consent before conducting cataract surgery that ultimately resulted in the loss of the patient’s vision in one eye.
The commission directed ophthalmic surgeon Dr Ashok T. Bhole to pay Rs 7 lakh as compensation and Rs 50,000 towards litigation costs to complainant Rajani Prakash Malik. Advocates Sulaiman Bhimani, Sharon Fernandez and Alfiya Shaikh appeared on behalf of the complainant.
Commission examines allegations and defence
While hearing the matter, the commission also took note of submissions made regarding other proceedings allegedly pending against the doctor, including a criminal case before a court in Kalyan, another consumer complaint before the District Forum in Thane, and proceedings related to the death of a sportsperson. However, the commission clarified that such pending matters could not be treated as substantive evidence of negligence in the present case.
“The present case is not the first instance of alleged negligence on the part of the opposite party, and the said proceedings reflect a pattern,” the complainant’s advocate had argued. However, the commission observed that every matter must be decided independently on the basis of evidence brought on record in that specific case.
According to the complaint, Malik had approached the doctor for treatment in 2011 for a vision-related ailment and was advised to undergo cataract surgery in her right eye. She claimed she was assured that the procedure conducted in 2012 was routine and safe, but was never informed about the risks, complications or the possibility of permanent loss of vision.
Following the surgery, Malik allegedly developed severe pain, redness, watering and progressive deterioration of vision in the operated eye. Despite repeatedly informing the doctor about her worsening condition, she alleged that her symptoms were dismissed as normal post-operative reactions.
She later sought treatment at another hospital and underwent further medical procedures, but eventually lost vision in the eye permanently.
Consent process found inadequate
The doctor denied all allegations of negligence and contended that the surgery had been performed with due care and in accordance with accepted medical standards. He also argued that complications can arise even after proper medical treatment and maintained that valid consent had been obtained prior to surgery.
After examining the material on record, the commission held that the consent form relied upon by the doctor was merely a pre-printed format carrying the patient’s signature and did not adequately disclose the nature of the surgery, associated risks, possible complications or the possibility of loss of vision.
Advocate Bhimani | File Photo
“This was not merely a legal battle for compensation — it was a 13-year fight for dignity, accountability and the right of every patient to make an informed medical decision. Mrs Rajani Malik lost her vision at the age of 63 and spent more than a decade waiting for justice,” Advocate Bhimani said.
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Compensation awarded
While partly allowing the complaint, the commission noted that Malik had suffered irreversible loss of vision along with severe physical and mental trauma. Taking what it described as a “balanced view”, the commission awarded compensation solely on the ground of failure to obtain valid informed consent.
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