#LegallySpeaking: Case of Retinal Displacement Caused by Las
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• Tip:

~ Timely treatment referral to the higher medical facility when needed can save patients from affliction.

• Background of the case:

~ The patient consulted the treating doctor with complaints of high myopia in his eyes for which he was advised Lasik surgery and the procedure was done.

~ This resulted in left eye Retinal displacement, following which the gas procedure was conducted but the injury couldn't be corrected.

~ After that silicon oil procedure was done still the problem remained the same.

~ The patient visited the higher facility where the doctor informed him that due to multiple operations his eye had been irreparably damaged and unfortunately the possibility of improvement was negligible.

• Complainant's allegation:

~ The complainant alleged that his left eye was damaged due to the negligence of the Doctor / in the Hospital and approached the District Forum.

~ The District Forum in the order asked the doctor and the hospital to pay Rs. 10 lakhs as compensation, Rs 20,000 for causing mental agony, Rs 5,000 as costs of the complaint.

• Doctor's Defense:

~ In response, the treating doctor and the hospital and approached the State Commission and in its order opined that the District Forum was correct in its findings.

~ The Complainant had relied upon the Medical Literature and Medical Prescription referred by Hon'ble National Commission.

~ The doctor had submitted that after the Lasik operation complainant used contact lens, due to which the retina of the left eye detached.

• The Commission held that:

~ Referring to the discharge summary signed by the doctor which just mentioned avoiding water in the operative eye for one week.

~ No advice for not using the contact lens has been mentioned in it.

~ It is clear from the Medical literature that Retina Detachment is possible due to a defect in Lasik Surgery, further mentioned by the State Commission.

~ The State Commission held the treating doctor and hospital guilty of medical negligence and determined that the compensation awarded by the District Forum was just and equitable.

Source:
https://indiankanoon.org/doc/73756069/
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