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Supreme Court of India 2024-12-19 allowed

BHERULAL BHIMAJI OSWAL(D) BY LRs vs MADHUSUDAN N.KUMBHARE

Bench: 2 — Vikram Nath, Prasanna B. Varale

In Brief

A patient underwent cataract surgery by the respondent-doctor in January 1999 but suffered severe post-operative pain and vision loss. The doctor repeatedly assured the patient that recovery was normal, but independent ophthalmologists diagnosed a serious eye infection (endophthalmitis) requiring removal of the eye and resulting in permanent blindness. The Supreme Court upheld the State Commission's finding that the doctor negligently failed to diagnose and treat the infection despite multiple patient visits with consistent complaints. The court rejected the NCDRC's theory that the patient caused injury himself, noting the doctor's case papers were filed belatedly with contradictions. Compensation of Rs. 3,50,000 was awarded to the patient's heirs.

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Medical Negligence Consumer Protection Medical Malpractice Surgical Negligence Post-Operative Care Endophthalmitis Ophthalmology

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