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Failing to get desired result after operation is not amount to negligence

Aug 30, 2022

Surat Consumer Dispute Redressal Forum case no: 42/2017

● 68 yrs old male

● Qualified Ophthalmologist

Medicolegal Expert Dr. Vinesh Shah and Adv Suhel Desai Appeared before the forum on behalf of Respondent Doctor for arguing the case

Allegation by complainant:

Due to dimness of vision in Right eye, complainant consulted opponent doctor who advised Cataract surgery on right eye. So on 16/07/2016 Cataract surgery performed on same eye of complainant by Opponent doctor. Even after surgery, vision was not improved and ultimately he was diagnosed as having dislocation of lens in right eye so Opponent doctor advised to insert new lens on same eye. On dissatisfied with the treatment of Opponent Doctor, complainant lodged the complaint asking compensation of Rs.15,00,000.

Argument by Respondent Party

● Opponent doctor did Cataract surgery successfully

● Before operation complainant vision was 6/60 only.

● after surgery vision was improved to 6/9 that suggests operation was meticulous

● Textbook of phacoemulsification & introcular lens implantation clearly states that Dislocation of Lens may be due to any reason is one of the complication after Cataract surgery

● on diagnosing dislocated lens Opponent doctor immediately advised to insert new lens

● Opponent doctor gave treatment as per standard protocol of medical practice with reasonable degree of care and skill.

After hearing both the parties forum dismissed the complaint of complainant and gave order in favor of Opponent Doctors.

Dr. Vinesh Shah
M.D(F.M),PhD FM),B.G.L
Medicolegal Expert
Pixie Forensic And Medicolegal Consultancy