State Commission Orders Dombivli Eye Surgeon to Pay Rs 7.5 Lakh Over Consent Failure
The Maharashtra State Consumer Disputes Redressal Commission has ordered an ophthalmic surgeon to pay Rs 7.5 lakh in compensation to a Dombivli resident for failing to obtain proper informed consent before an eye surgery that resulted in her losing her vision. In its March order, the state commission ruled that merely obtaining a signature on a pre-printed form did not satisfy the legal requirements of proper authorization.
The complainant, Dombivli resident Rajani Malik, had consulted Dr. Ashok T. Bhole at Heramb Eye Hospital for a vision-related ailment and underwent eye surgery in July 2011. Following the operation, Malik developed severe pain, redness, and progressively diminishing vision. Despite seeking further treatments at another hospital, she permanently lost vision in the operated eye. Malik subsequently sought legal recourse and moved the commission in 2013.
The commission observed that Dr. Bhole failed to disclose the risks and potential complications of the procedure to the patient. It noted that the consent form placed on record was a pre-printed proforma carrying only Malik's signature. There was no mention in the form of the specific nature of the proposed surgery, the attendant risks, or the possibility of losing vision in the operated eye.
The commission stated that had Malik been informed that the surgery could result in permanent loss of vision, it could not be said that she would still have agreed to undergo the procedure. By failing to inform her of this risk and merely obtaining her signature on a printed form, the doctor did not discharge his duty of disclosure, which clearly amounted to a deficiency in service.
However, the commission found no evidence to support separate claims of medical negligence. It noted that subsequent hospital records established that Malik developed a serious post-operative complication but did not prove that the complication was attributable to any negligent act or omission by Dr. Bhole.
