Ummid Assistant

Applications open for Manmohan scholarship at Cambridge

Opportunities for Indian students in US

Welcome Guest! You are here: Home Special Reports

Eye injured in surgery: Negligent doctor hauled up

Thursday February 28, 2013 12:43:40 PM, Rahul Chhabra, IANS

New Delhi: Over 15 years after an eye injury during surgery, a woman has been awarded compensation of Rs.25,000 by the apex consumer court which pulled up the doctor for his negligence and failure to ensure that the patient did not move while being given an anaesthesia injection in the eye.

The National Consumer Disputes Redressal Commission ruled in favour of Parvatiben Bhimjibhai Rathod, a resident of Bhavnagar in Gujarat, and said that doctor Shivkumar Chandra Shekhar was negligent during the cataract operation on her left eye that caused irreversible damage.

The doctor of the Bhajrangdas Hospital in Bhavnagar blamed the patient and alleged that it was due to her mistake that there was movement of her head and hand during the administration of an anaesthesia injection. The commission rejected the plea.

"The incident of disturbance during administration of anaesthesia injection took place thrice in this case which indicates that the doctor has not taken care in respect of what could happen in such a situation because of general human behaviour and the incident which took place was uncalled for and improper," said commission Presiding Member K.S. Chaudhari and Member Suresh Chandra in a recent order, a copy of which is with IANS.

The case had reached the national commission as an appeal filed by Rathod against the Gujarat State Consumer Disputes Redressal Commission's move to reverse the district forum's decision in her favour and let off the doctor and the hospital.

The national commission said: "The state commission apparently erred while treating it as 'an unfortunate accident' for which it did not hold the doctor as being negligent or deficient in service while dismissing the complaint. We are of the considered view that the finding returned by the district forum was fair and just and hence confirm the same..."

The apex consumer court directed the doctor to pay the patient Rs.25,000 as compensation with annual interest of six percent from 1997. The doctor and the hospital have the option of appealing against the judgment in the Supreme Court.

During the hearing, the national commission appointed advocate Surekha Raman as amicus curiae to assist it in the case. She disagreed with the state commission's decision and said that it should not have overturned the district forum's verdict in favour of Rathod.

She said that as a professional engaged in eye surgery, the doctor should have made sure that the hands and the head of the patient were held by the attending staff present in the operation theatre, particularly when repeated attempts were made by him for administering the injection.

The negligence was writ large and no further expert opinion was required in the matter to prove this on the part of the doctor and the hospital, Raman told the national commission.

The doctor contended that at worst, it could be regarded as a case of contributory negligence for which he could not be held liable for compensation while discharging his professional functions to the best of his capabilities.

He said that there was no merit in the revision petition filed by Rathod against the state commission's verdict in his favour.

Rathod said soon after the operation went awry, she was taken to civil hospital in Ahmedabad but a doctor there informed her that due to the serious mistake of the doctor, the damage to her eye could not be reversed.

She said in her complaint that there was carelessness on the part of the doctor in administering the anaesthesia injection which damaged her eye and sought compensation for deficiency in service. The district forum ruled in her favour in February 2002.


(Rahul Chhabra can be contacted at rahul.c@ians.in)
 




 

 

 

 





 

Home | Top of the Page

Comments

Note: By posting your comments here you agree to the terms and conditions of www.ummid.com

Comments powered by DISQUS

i

More Headlines

Chidambaram begins presenting India's 82nd budget

Left Front set to retain power in Tripura

Children with disorders appeal to PM for help

MNS violence hits Maharashtra

Rights panel summons MP for remarks on Park Street rape

Kolkata market fire: Death toll 19; Mamata sniffs sabotage

Bihar, Odisha, Rajasthan seek special status

With Bansal at helm, Punjab, Haryana, Chandigarh bask in railway budget

Rajya Sabha adopts motion for JPC probe into chopper deal

Mali conflict could ignite unrest in region: United Nations

 

Top Stories

2013 Union Budget

Chidambaram begins presenting India's 82nd budget

Amid high expectations of reversing the sharp slowdown in the country's growth, Finance Minister P. Chidambaram presented India's  

Chidambaram set to present India's 82nd budget

This will be a make-or-break budget for UPA

 

  Most Read

Muslim youth selectively being targeted: Parliament told

Union Minister of State for Home Affairs R P N Singh was on Tuesday cornered in the Lok Sabha during question hour by a large number of members 

Stop victimisation of Muslim youths: Delhi convention on Politics of Terror

Do you feel the pain of Indian Muslims, Mr. Prime Minister

Assembly Election Results

Left Front set to retain power in Tripura

The ruling Communist Party of India-Marxist (CPI-M) led Left Front was Thursday set to retain power for the fifth straight term in Tripura. The Left Front was leading in 44 seats while the opposition Congress-INPT (Indigenous Nationalist Party of Tripura) alliance was ahead  

NPF leading in Nagaland

 

  News Pick

Hagel confirmed as defence secretary; critics play India card

After a bruising political fight, President Barack Obama finally got Chuck Hagel confirmed as defence secretary by the Senate even as a new controversy erupted over his nominee's "distorted views" on India. The final 58-41 vote fell nearly down party lines, with only four Republicans voting for  

Rajya Sabha adopts motion for JPC probe into chopper deal

After a walkout by several opposition parties, the Rajya Sabha Wednesday adopted a motion for the setting up of a joint parliamentary committee to probe the deal for purchase of VVIP helicopters.  

Cops throw old couple off moving train, woman dead

In a shocking incident, an elderly woman was killed and her husband wounded when the couple was thrown out of a moving train by government railway police (GRP) personnel for boarding the wrong train, police   

Press council chief urged to take action against bias media, stop Media trial

Gen. Secretary of Civil Liberties Monitoring Committee Lateef Mohammed Khan in an open letter sent to the Press Council Chief, Justice (Rtrd.) Markandey Katju has urged  

 

Picture of the Day

Paratroopers in formation of Akashganga during the Indian Air Force Fire Power demonstration Exercise 'Iron Fist 2013' at Pokharan, Jaisalmer, Rajasthan on February 22, 2013.

 

Recommend the story to your friends

 

 
 
 
 
 
 
 
 

RSS  |  Contact us

 

| Quick links

News

 

Subscribe to

Ummid Assistant

 

National

Science & Technology

RSS

Scholarships

About us

International

Health

Twitter

Government Schemes

Feedback

Regional

History

Facebook

Education

Register

Politics

Opinion

Newsletter

Contact us

Business

The Funny Side

Education & Career

 

 

Ummid.com: Disclaimer | Terms of Use | Advertise with us | Link Exchange

Ummid.com is part of the Awaz Multimedia & Publications providing World News, News Analysis and Feature Articles on Education, Health. Politics, Technology, Sports, Entertainment, Industry etc. The articles or the views displayed on this website are for public information and in no way describe the editorial views. The users are entitled to use this site subject to the terms and conditions mentioned.

2012 Awaz Multimedia & Publications. All rights reserved.