NCDRC sets aside medical negligence ruling against eye surgeon: The wider industry impact

The emergence of CCTV footage has added a fresh dimension to the case

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”.

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