Court accepts doc’s submission of not using a banned drug

  • Posted on: November 30, 2018

It is important to stay updated on information about banned drugs and reversal orders on such drugs by relevant authorities. This diligence can greatly help healthcare providers, as this case exemplifies.

Manoj Kumar approached Dr. Gupta, an ophthalmologist, with complain of retinal swelling in the left eye. The doctor diagnosed retinal haemorrhage and macular oedema, and administered injection Avastin.

Condition of the patient’s eye worsened and he was referred to AIIMS, New Delhi, where blindness of the left eye was diagnosed.

Losing eyesight can be quite a shock. Perhaps it shook the patient so much that he approached State Consumer Disputes Redressal Commission, Uttar Pradesh and blamed Dr. Gupta for the loss of eyesight.

It was alleged that drug Avastin was banned by Drug Controller General of India (DCGI) but the doctor nevertheless used it, resulting in loss of sight in the left eye.

The doctor simply presented medical records and citations from DCGi regarding the drug and left it on the Commission to look into the matter.

At the outset, the Commission observed that Avastin is the correct drug to reduce retinal oedema. Moreover, the doctor had covered it with topical antibiotics, further observed the Commission. The Commission also made a note of the fact that the patient was immediately referred to a higher centre when the condition of his eye deteriorated.

The Commission accepted Dr. Gupta’s submission of information from DCGI which clearly stated that the ban on drug Avastin was lifted and it was the standard line of treatment.

Dr. Gupta was not held negligent and perhaps the patient too realised that losing eyesight was simply his misfortune and not the doctor’s fault.

Source: Order pronounced by State Consumer Disputes Redressal Commission, Uttar Pradeshon 17th October, 2018