Medical negligence

raj (Querist) 12 May 2012 This query is : Resolved
dear learned counsel!
I am a medical professional working in a private institution.In 2010 a patient who got operated for eye cataract in our institution filed medical negligence case in dist consumer forum.He got operated in the year 2008.after surgery he was discharged without any complaint.But he came the very next day with complaints of pain,watering from the eye for which we immediately admitted him and treated free of cost with all care and concern thinking that he had eye infection.We also sought a second opinion from a senior person.He ruled out infection and told he got some corneal problem.Then we referred him to an higher institue with a reference letter.After that he never met us.But after two years of this incident he filed a case seeking compensation from us stating he lost his eye due to our negligence.We submitted original case sheet ,treatment record,expert opinion copy to honourable consumer forum.Inspite of that forum awarded a compensation of two lacs rupees.During proceedings the complainant failed to produce an expert opinion regarding his loss of vision in that eye
as asked by the forum.The judgement also came in local news papers which is detrimental on the institute status.Please advice what to do

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Suhail A.Siddiqui (Expert) 12 May 2012
In case u/ your hospital find any thing wrong in District forum decision, you should knock the State Consumer Forum door with good lawyers help without losing limitation.

Advocate M.Bhadra (Expert) 13 May 2012
You did not mentioned the date of passing the order by the District Consumer Forum,you should have file an appeal in State Consumer Commission within 30 days for the date of order.

V R SHROFF (Expert) 13 May 2012
APPEAL AGAINST THIS ORDER.

Adv.R.P.Chugh (Expert) 13 May 2012
It is customary in such cases for the forum to appoint a panel of experts for views on whether the damage is traceable to your negligence or recklessness, which it seems, has not been done in the present case. Then how did the court reach the conclusion of deficiency of service/damage due to negligence on your part. Only a perusal of adverse order would reveal. File appeal in State Forum

Guest (Expert) 13 May 2012
Did you object to the maintainability of the complaint as it was filed after two years? The limitation period under the Consumer Protection Act to file a case is 2 years from the date of incident, which can be condoned by the court only in the event of the complainant showing sufficient cause which prevented him from filing the complaint within 2 years.

It is unfathomable as to how the forum recorded a finding of negligence without eliciting the opinion of experts. Judges are experts of law, not medicine.

Anyways, engage a lawyer with an expertise in cases of medical negligence, and appeal to the State Forum.