Master Irshad was a playful young boy, and during one of his spirited childhood adventure, he accidently hit his face on the wall, badly injuring the right eye. Irshad was rushed to Disha Eye Hospital where the injury was diagnosed as traumatic cataract. He took treatment for four months after which Irshad’s father took him to Megha Eye Centre for better treatment, where Dr. Banerjee diagnosed the injury as total retinal detachment. The doctor performed an operation – RIESICS + PC IO/VCA – after which Irshad was referred to Regional Institute of Ophthalmology (RIO) for better treatment.
Irshad’s father could not believe the doctors at RIO when they told him that Irshad would never be able to see from the right eye again – there was total loss of vision. Clouded by wrong judgement, he approached the National Consumer Disputes Redressal Commission, New Delhi, making eye-popping allegations on Dr. Banerjee. He accused the doctor of performing a wrong operation due to which his son lost the vision. He also alleged that the doctor did not take appropriate post-operative care, due to which the condition of his son’s eye worsened, causing total loss of vision.
The Commission had to only view the medical records to reach an apparent conclusion. It was all too clear that Dr. Banerjee had followed due diligence in pre-operative and post-operative care. He had investigated Irshad’s case with ultrasound and blood reports after which the decision to perform an operation was taken, and the patient was given proper follow-up treatment and care for two months. Irshad was referred to RIO for better treatment, and the medical history from RIO also clearly revealed that there was total retinal detachment which was not possible to cure. Citing the legal fact ‘No Cure is Not Negligence’, the Commission held Dr. Banerjee not guilty of medical negligence.
Perhaps this fact helped Irshad’s father look beyond his son’s blindness.
Source: Order pronounced by National Consumer Disputes Redressal Commission, New Delhi on 9th June, 2016.