Coming to the aid of a 76-year-old woman who had to undergo harassment due to lack of proper post-operative treatment by hospital, the district consumer disputes redressal forum, Chandigarh, held Sector 35-based Grover Eye Laser and ENT hospital and its head consultant Dr Rohit Grover deficient in services.
The forum directed the hospital and well its consultant to pay a compensation of `70,000 to Avinash Kaur of Sector 37, along with paying `10,000 as cost of litigation.
It also directed Dr Grover to pay `9,000 paid by the patient at the time of cataract surgery, but it would be paid by the New India Insurance Company.
Avinash Kaur, who complained of reduced vision in the left eye, got operated at Grover Eye Laser and ENT Hospital by Dr Grover on September 17, 2012. She claimed that soon after the surgery, she approached the doctor as well as the hospital complaining of pain and swelling, which she alleged was due to falling and dislocation of lens inserted during the surgery. She further alleged that instead of rectifying the mistake, she was advised strong steroids which worsened her condition.
Kaur alleged that owing to the negligence of the doctor as well as hospital, her vision was permanently blurred.
The hospital and its head consultant sought dismissal of the complaint and denied that the lens inserted and implanted had fallen, broken and dislocated.
The forum presided over by PL Ahuja, in its order dated February 19, held that, "Unfortunately, there is no definite medical evidence which could show that the lens inserted by the doctor had actually got fallen, broken and dislocated during the operation ….. Thus, it cannot be held that doctor was negligent while conducting the surgery."
Pulling up the hospital and doctor, the forum held, "We feel that it was the duty of the doctors of hospital to carry out a detailed check-up when Avinash had made a complaint about pain and swelling in her left eye instead of straightaway prescribing steroids."
"Post surgery, the patient complained of her worsening condition, the hospital as well as Dr Grover failed to take appropriate remedial measures to improve her condition. There is convincing evidence on record to prove negligence on part of hospital and doctor during follow up treatment after cataract surgery of Avinash," reads the court order.