Medical Negligence: Awarding of Compensation for Unsuccessful Eye Surgery

Written by:

Super admin

Updated: 04-04-2024

Categories

General Legal issues

Common Marriage Problems

Property Issues

Bail

Marriage and Divorce

Cyber Fraud

startup

RERA

Current Affairs

corporate

statutory Compliances

Case Law

Share with your community:

In a landmark decision, the Indian Supreme Court directed a doctor to compensate a patient who lost vision in one eye as a result of medical negligence for 2.5 lakh rupees. This decision highlights the critical importance of taking responsibility in the healthcare sector and the right of patients to seek compensation whenever they are harmed by medical errors.

Facts of the Case

P.C. Jain, the complainant, lost vision in his left eye as a result of the doctor's gross medical negligence during a 2002-2003 medical eye surgery.
For the sake of medical accountability, the complainant initiated a case in consumer court.
In 2008, the Faridabad District Consumer Disputes Redressal Commission found the medical practitioner guilty of medical negligence and ordered payment of Rs 2 lakh in compensation, with interest charged at a rate of 12% per annum from the date of the complaint to the date of realization.
However, noting that the rate of interest so imposed was on the upper side, the National Consumer Disputes Redressal Commission lowered the interest awarded from 12% to 6%.

Medical Accountability: Why it is Important?

The safety of patients as well as wining the trust and confidence of the public are the two pillars in the healthcare system that are dependent upon term medical accountability. When medical professionals breach established rules or behave negligently, patients can experience serious consequences such as injuries to their bodies or emotional anguish.
In furtherance of delivering justice to the affected individuals, holding medical professionals accountable for their conduct acts as a deterrent against comparable negligence in the future.

Judgment by the Supreme Court: Compensation for Medical Negligence

The Supreme Court has finally paid compensation to an 84-year-old man who lost eyesight in his left eye following a botched eye surgery in Delhi, capping a 20-year wait.
The older person filed a consumer complaint in 2005, and the highest court ordered the doctor to pay her Rs 2 lakh plus 12% interest annually. This was one of the few cases when the high threshold on medical malpractice against a doctor was met.

Significance of Medical Compensation

Victim Coverage: In the case that victims of medical negligence can demonstrate that the hospital or physician in issue was negligent, compensation as a legal remedy gives them the means to pay for past and future medical bills, lost wages, legal fees, and other expenses. This system aims to guarantee that victims, whether they suffer injuries or lose their lives due to medical malpractice, are adequately compensated.
Retribution: Depending on the decision of liability and the judge's instructions or discretion about the same, the hospital or the doctors will be responsible for paying the compensation amount ordered by the court. This guarantees that anyone found negligent will be held accountable for their deeds.
Deterrence Effect: Large compensation sums severely penalize careless doctors; as a result, it is expected that physicians would exercise greater caution because a single case may result in significant losses. High compensation will encourage the allocation of resources toward safety, particularly if it includes punitive damages. It additionally provides a way for society as a whole to share its outrage at such an awful offense and, consequently, inflict a civil penalty on the person who committed it.

How Can Lawyers Help You Get Your Medical Compensation?

Personal injury lawyers can help in taking legal action to recover costs for medical care and rehabilitation where the harm was caused by the carelessness or misconduct of another person.
They examine witnesses, collect evidence, carry out thorough investigations regarding the accident's situation, and then construct a solid defense to demonstrate negligence.
The lawyers can use their legal knowledge to settle the dispute amicably with the at-fault party's insurance provider or, if needed, take the matter all the way to trial.
The pursuit of compensation is essential to pay for the costs of medical care, both present and future, rehabilitation, and other associated costs.

Sharks of Law is a one-stop legal destination of repository of lawyers possessing the highest legal qualifications. The legal professionals at Sharks of Law have the necessary experience to offer you specialized knowledge in the areas where you need it.

Email:-helpdesk@sharksoflaw.com

Help Desk:-+91-88770-01993