CHAIRMAN, ARAVIND EYE HOSPITAL Vs. MINOR KANMANI

JUDGEMENT

(1.) The present Revision Petition is filed against the order dated 14.12.2012, whereby the State Consumer Disputes Redressal Commission, (herein, 'State Commission') at Puducherry allowed the order of the District Consumer Disputes Redressal Forum, Puducherry (herein, 'District Forum') dated 27.09.2011 holding the Petitioner hospital guilty of medical negligence without appreciating the law of medical negligence as declared by the Hon'ble Supreme Court of India.

(2.) The Complainant/Respondent took his 1 1/2 year old daughter to the Opposite Parties (OP) /Petitioner hospital on 29.03.2005 with the complaints of since two days unable to open her left eye. The Doctor at Petitioner hospital examined the child as an out-patient and found the left eye had lid swelling with conjuctival congestion. There were multiple caterpillar hairs and it was inferior corneal epithelial defect. Under topical local anesthesia caterpillar hairs in upper tarsal conjunctiva in left eye were removed and antibiotic eye ointment applied and the eye was bandaged. Patient's father was asked to bring the child for review the next day. But, the child brought to OPD on 31/03/2005 , and admitted as in patient on 1/4/2005 and discharged on 4/4/2005. The child was again brought for review on 26/4/2005 but the OP informed the complainant that child lost her vision in left eye.

(3.) Therefore, the father of child (complainant) filed a complaint No 37/2007 before the District Forum, Pondicherry alleging negligence in treatment his child who lost her vision of left eye and prayed for the compensation of Rs.490000/- from OP hospital.