NCDRC Overturns Negligence Ruling Against Delhi Eye Surgeon and Hospital

The National Consumer Disputes Redressal Commission has set aside findings of medical negligence against an eye surgeon and a private hospital in New Delhi, ruling that there was no material evidence to establish a deficiency in treatment or lack of care.

The apex consumer commission allowed the appeal filed by Dr Sharad Lakhotia and Talwar Medical Centre. In its decision, the commission overturned a 2017 ruling by the Delhi State Consumer Commission, which had held the hospital and the doctor liable and ordered them to pay compensation and damages totalling nearly Rs 80 lakh for an eye operation that resulted in vision loss for the patient, Dr Prakash Sharma.

The state commission had previously ordered the doctor to pay Rs 19 lakh with 12 percent interest and directed the medical centre to pay Rs 20 lakh with 12 percent interest to the complainant. The national commission concluded that the compensation awarded by the state forum was unsustainable.

The NCDRC found that the complainant failed to prove that Dr Lakhotia acted with medical negligence or provided deficient treatment during the procedure. It also concluded that the hospital could not be held liable for any wrongdoing.

In its observations, the commission stated that while the patient unfortunately suffered a surgical complication, there was no evidence demonstrating that the complication stemmed from carelessness or a departure from standard medical care.

The commission also addressed allegations regarding the manipulation of medical records, which had significantly influenced the state commission's previous order. The NCDRC noted that those allegations had not been proven to the legal standard required to hold the medical practitioners liable, ruling that the complainant was not entitled to the relief previously granted.