New Delhi: National Consumer Disputes Redressal Commission (NCDRC) has set aside findings of medical negligence against an eye surgeon and a private hospital in Delhi, noting that there was no material to show deficiency in treatment or lack of care.In a ruling delivered last year, NCDRC overturned the 2017 decision of Delhi State Consumer Commission, which had indicted the hospital and eye surgeon and asked them to pay compensation and damages of nearly Rs 80 lakh for botching an eye operation that led to loss of vision of Dr Prakash Sharma.The apex commission allowed the appeal filed by Dr Sharad Lakhotia and Talwar Medical Centre, and said Dr Sharma could not establish Dr Lahotia was “medically negligent or deficient in his treatment” or that the hospital is liable for any wrongdoing and reversed the state commission’s direction to pay the complainant doctor Rs 19 lakh at 12% interest and Rs 20 lakh at 12% interest, respectively, observing that the compensation awarded is “unsustainable”.NCDRC observed that “while the complainant was unfortunate to experience a surgical complication, there is no proof that the complication was due to carelessness or a departure from the standard of care. The allegations of records manipulation, which played a significant role in the state commission’s decision, have not been proven to the degree required to hold the OPs liable…as such, the complainant is not entitled to the relief granted by the state commission”.
