Kolkata, Sept. 3 -- The Calcutta High Court has held the state liable for "sheer negligence" after cataract surgeries at a government hospital caused visual impairment to 22 of 44 patients, ruling that the right to eyesight flows from the fundamental right to life.
A division bench of Justice Shampa Sarkar and Justice Arjun Ray Mukherjee awarded Rs 5 lakh to Gobinda Chandra Debnath, an electrician and sole earning member of his family, whose vision was seriously affected after cataract surgery at Garden Reach State General Hospital/Metiabruz Super-Speciality Hospital on June 28, 2024.
The court noted that the Director of the Regional Institute of Ophthalmology had opined that the incident may have resulted from contamination by microorganisms in operative devices or solutions/fluids and/or faulty sterilisation of instruments.
The bench also found deficiencies recorded by the medical board, including improper OT arrangements and the absence of trained and dedicated nursing staff and attendants. The board had recommended staff training, daily sterilisation and autoclaving, among other measures. The court questioned how it could then conclude that there was no medical negligence.
Holding that the state could not avoid liability, the court said the hospital lacked basic infrastructure and supervision and termed the conduct a "constitutional tort". It said Debnath's loss of vision had caused serious monetary loss and destroyed his future earning prospects.
The court set aside the direction relegating him to another forum and ordered payment of Rs 5 lakh within eight weeks. Delay will attract 6 per cent simple interest per annum until payment.
Published by HT Digital Content Services with permission from Millennium Post.