The Maharashtra State Consumer Disputes Redressal Commission has ruled that an ophthalmic surgeon failed to obtain proper informed consent from a patient before performing a surgery that resulted in permanent vision loss. The commission observed that the surgeon did not disclose the risks and potential complications associated with the procedure.
Details of the Case
Rajani Malik, a resident of Dombivli, consulted Dr. Ashok T. Bhole at Heramb Eye Hospital for a vision-related ailment. She underwent eye surgery in July 2011. Following the operation, Malik experienced severe pain, redness, and progressively diminishing vision. When her condition worsened, she sought treatment at another hospital, where she was diagnosed with serious post-operative complications. Despite further medical intervention, Malik permanently lost vision in the operated eye. She subsequently filed a complaint with the Maharashtra State Consumer Disputes Redressal Commission in 2013.
Commission's Findings on Consent
In its March order, the commission stated that the surgeon was guilty of deficiency in service for not obtaining a proper and valid informed consent. The commission noted that the consent form provided by the doctor was a pre-printed proforma that only bore the patient's signature. There was no mention of the specific nature of the surgery, the attendant risks, possible complications, or the fact that the patient could lose vision or even the eye as a result of the procedure.
The commission held that being content with a bare signature on a pre-printed form did not satisfy the requirements of proper authorization. It further observed that if Malik had been informed that the surgery could result in permanent loss of vision or loss of the eye, it could not be said that she would have agreed to undergo the procedure.
No Evidence of Medical Negligence
However, the commission found no evidence to support claims of medical negligence. It stated that the records from the subsequent treating hospital only established that Malik developed a serious post-operative complication and was treated for it. These records did not prove that the complication was attributable to any negligent act or omission on the part of the surgeon.
Dr. Ashok T. Bhole was ordered to pay compensation of Rs 7.5 lakh to Rajani Malik for the deficiency in service.
