NARAYANANKUTTY MENON Vs. M/S. LAL MEMORIAL HOSPITAL

JUDGEMENT

(1.) THE present Revision Petition has been filed before this Commission under Section 21(b) of the Consumer Protection Act, 1986 against the impugned order dated 03.09.2008 in Appeal No. 578/2000 passed by the State Consumer Disputes Redressal Commission (in short, 'State Commission '). The State Commission partly allowed the Appeal filed against the order in Complaint No Consumer Complaint 83 of 1998 dated 11.07.1999 passed by the District Consumer Disputes Redressal Forum, (in short, 'District Forum ').

(2.) THE Complainant, Sh. Narayanankutty Menon, the patient, underwent a cataract surgery at M/s Lal Memorial Hospital, the OP -1 performed by Dr. C. K. Ravi, the OP -2 and inserted Intra Ocular Lens (IOL) in the right eye. During the follow up on OPD basis the OP -2 while examining his right eye through microscope (slit lamp) failed down. Due to this there was an injury to the lower eye lid of the right eye. The index finger of OP -2 was thrust in the right eye. The sutures was damaged, the lens was expelled out. The patient had excruciating pain. Thereafter, OP -2 conducted 2nd operation for correction and discharged him from the hospital. The Complainant suffered severe impairment of eye sight of right eye which did not improve. The aim was opined by Aravind Eye Hospital, Madurai. The Complainant further took treatment from renowned Eye Hospital, The Little Flower Hospital, Angamaly, even also the Complainant 's eye sights did not recovered. In the meantime the Complainant also took the treatment from Government Medical College Hospital, Thrissur. Therefore, the Complainant suffered 45% disability.

(3.) ALLEGING negligence in the treatment the Complainant filed a complaint before the District Forum, Thrissur and prayed for a compensation of Rs.2,82,000/ - from OP -1 and 2.