HYDERABAD: The District Consumer Disputes Redressal Commission-III, Hyderabad, has directed an ophthalmic surgeon and Fokus Eye Hospital to pay ₹4.4 lakh compensation and refund surgery charges to a woman who alleged medical negligence following cataract surgery in 2024.
The complainant, Dakanna Gari Mangamma, alleged that she underwent PHACO cataract surgery on July 30, 2024, at Fokus Eye Hospital under the care of Dr M. Umashankar, an ophthalmic surgeon. According to the complaint, an Autofocus Pro lens was implanted in her left eye during the procedure.
Mangamma told the commission that she was unhappy with the surgery outcome as she allegedly lost her short vision and suffered pain, irritation and continuous watering of the eye after the operation. She further alleged that the implanted lens was of poor quality and that the doctor failed to provide adequate post-operative care despite repeated follow-ups.
The complainant said she later approached Vasan Eye Care and Maxi Vision Super Specialty Eye Hospital for second and third opinions. Doctors at both hospitals reportedly advised her to return to the surgeon who had conducted the original surgery. She again consulted Dr Umashankar on November 29, 2024, after which she was referred to another ophthalmologist at Medivision Eye Hospital. However, her condition allegedly did not improve.
Commission notes absence of defence by opposite party
The commission observed that despite receiving notice, the opposite party failed to file a written version within the stipulated time and was set ex parte.
Referring to the complainant's legal notice dated June 10, 2025, the commission noted that the doctor, in his reply dated June 16, 2025, denied the allegations and allegedly warned the complainant to withdraw the notice or face civil and criminal proceedings.
The commission said the doctor's failure to contest the complaint and provide rebuttal evidence meant the complainant's claims remained unopposed. It held that the opposite party failed to exercise a "reasonable degree of skill and care" expected from a competent surgeon.
The order also referred to judgments of the National Consumer Disputes Redressal Commission and the Supreme Court concerning compensation in medical negligence cases involving disability and long-term suffering.
Refund, compensation and interest awarded
Allowing the complaint in part, the commission directed the opposite party to refund ₹36,000 collected towards medical expenses along with 12% annual interest from the date of surgery till realisation.
It also awarded ₹4 lakh compensation towards mental and physical agony and what it described as a "lifelong condition of despair and helplessness", besides ₹10,000 towards litigation costs.
The order was passed by the District Consumer Disputes Redressal Commission-III, Hyderabad.