Seven years after he lost his eyesight to a botched cataract surgery, Borivli resident Ramesh Dedhia will get Rs5 lakh from the eye specialist and the hospital for negligence.
Dedhia approached Dr Hitesh Chheda at the Asian Eye Institute & Laser Centre in 2007, after his vision in the right eye became blurred. He underwent a cataract surgery, after which he could see normally. Two years later, when he faced a similar difficulty in his left eye, he approached the same doctor. On October 28, 2009, a cataract surgery was performed on his left eye. According to Dedhia’s complaint, after the surgery, he developed a swelling around the eye. On seeing the empty box of the lens used for the surgery, Dedhia’s daughter, who is a medical professional, saw it had crossed its expiry date two months prior to the surgery.
Dedhia then approached the Mumbai suburban district consumer forum alleging negligence in performing the surgery and seeking compensation from the eye specialist and the hospital. They contended as the complainant had filed a similar complaint with the Maharashtra Medical Council, the forum had no jurisdiction to adjudicate the complaint.
The bench of forum president MY Mankar and member SR Sanap, however, rejected the defence. The forum noticed the opponents had sent a discharge card containing completely different information about the lens to the patient’s insurance company, which was unjustifiable.
The forum felt had the doctor accepted the mistake and promised to correct it, the matter would not have reached the stage of filing a consumer complaint. “Being a doctor, the daughter of the complainant could notice the mistake,” said the forum, adding, “A layman possibly would not have noticed it.”