THIRUVANANTHAPURAM : The State Consumer Disputes Redressal Commission (SCDC) has directed an ENT surgeon and the private hospital in Alappuzha where he worked, to compensate for a man’s loss of vision. After the victim underwent nasal surgery at the hospital, he lost vision in one eye and developed a divergent squint in the other eye.
The commission asked Dr Raju George, ENT surgeon and Sahrudaya Hospital, to provide a compensation of Rs 1 lakh for the pain and suffering the victim endured, Rs 51,000 as medical expenses and Rs 10,000 as costs. The order was issued by judicial member Ajith Kumar D and member Radhakrishnan K R based on the appeal petitions filed by both parties against the compensation award by the District Consumer Disputes Redressal Commission, Alappuzha.
According to the petition filed by Unnikrishnan Nair of Alappuzha, he underwent surgery for the rectification of nasal polypectomy at the hospital in 2010. The next evening, he lost vision in his left eye. He underwent inpatient treatment at the Alappuzha Medical College for one week and later at the Little Flower Hospital, Angamaly. The diagnosis in the Little Flower Hospital, Angamaly, revealed that Unnikrishnan suffered from “left optic nerve injury and left medial rectus injury.”
Meanwhile, the doctor and the hospital argued that when polyps were removed in nasal surgery by avulsion by Luc’s forceps, they had to be eradicated from the root. In such cases, blood may sweep into the orbital cavity which appears as fullness in the lateralmost corner of the orbit. Within two or three days, the leaked blood will go into the lids and conjunctiva which may cause ecchymosis in the lids and laziness of vision may occur. The complainant had a bleeding tendency due to unknown factors and proper treatment was given to him, including an ophthalmologist’s service.
The state commission’s order said that the medical records convincingly established that serious nerve injury and left medial rectus were caused during the surgery and the doctor and hospital were negligent in not providing ophthalmologist consultation.
The complainant, a driver working abroad, had claimed that after the incident he worked in a different capacity with lower earnings under the same employer. His claim of Rs 10.20 lakh towards loss of earnings was disallowed for lack of evidence.
Interest included
The victim’s claim for compensation of Rs 10.20 lakh towards loss of earnings was disallowed by the panel due to lack of evidence. The whole amount should be paid with 8% interest from the date of filing of the petition