Mumbai: Consumer commission grants compensation for botched eye surgery

Staff ReporterUpdated: Thursday, December 08, 2022, 02:09 AM IST
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Mumbai: A district consumer commission directed two hospitals to pay a complainant Rs 67,732 for a botched eye operation and litigation cost. If the amount is not given in 60 days of the order, then interest of six percent per annum will be levied.

The order dated November 15, 2022 and uploaded recently was passed by R. G. Wankhade, president and Shraddha Jalnapurkar, member of District Consumer Disputes Redressal commission, Mumbai Suburban on a complaint of Bhandup resident, Prakash Gholkar against Juhu based Lotus Eye Hospital and others.

Mr. Gholkar approached the commission as he experienced pain and could not see after an improperly placed eye lens following his cataract surgery performed in December 2015 in a hospital in Raigad, district which cost him Rs 6,732.

The doctor who performed his surgery advised him to undergo another corrective operation when the first one did not produce the desired results the following day. The eye drops he was prescribed also did not give him relief. The stitches applied during the second correctional surgery on Mr Ghoklar caused itching and had to be removed later and another operation had to be done.

Mr Gholkar told the Commission, for another operation he was not in a position to spend Rs50,000 and that it would only add stress to his savings as he was dependent on his children. He contended that he had to spend extra money only because the first one was not done properly.

During the hearing, Lotus and the other hospital (not named) contended that the complaint be dismissed. Lotus stated that since the first operation was not done in its premises, it should not have been made party. However, the Commission stated that Lotus and the other hospital had an agreement for the surgery and though independent, most correspondence happened through the address of Louts at the Commission stage. It said that the reference text given by American Academy of Ophthalmology (2006-07) was old and carelessness during surgery was not denied completely. Stating that there was deficiency in service, it gave the compensation order. 

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