Icl eye surgery - legal approach

This query is : Resolved 

06 January 2018

Dear Sirs,

My sister aged 26, went for ICL (Implantable Collamer Lenses) eye surgery on 4th Sep, 2017 in ABCD Eye Hospital. ICL surgery is alternative to LASIC, where the LASIC is not suitable for patient.
Before ICL her Vision LE: 8.00, Cyl:1.75, Axis:180 and RE: 7.25, Cyl:2.50, Axis:180 and we were assured to get 6/6 vision without glasses after the ICL by the hospital. Prior to ICL every patient should go for YAG PI (means small holes created by the laser to ease the flow of fluid in eye). We went to YAG PI one week before ICL.

Even after 6 weeks of surgery she didn’t get good results and she had developed double vision in RE. She represented her observations to the doctor but they are not taken it seriously and suggested us to wait some more days. After that one day she got severer eye pain with swelling along with vomits. We consulted them and they suggested some medicine and repeated YAG PI. They didn’t tell us cause of the issue; we were surprised that even they don’t know the cause!
We are regularly meeting the doctors and keep telling the observations but the Double vision problem is not resolved. Its over three months she is facing Itchiness, redness, swelling, pain in eyes. After another fallow-up they had done YAG PI to LE. (YAG PI has done total: 3time for LE, 2 times for RE)

After being continuous follow-ups with them we understand that there is something went wrong. We requested our test reports and case sheets but they rejected our request and as they are not giving reports to any patient.
Without having reports we consulted LVPEI and explained the situation. They tested and said that there is RE: Cyl-1.75, LE: Cyl-1.00 sight is remained, due to that she has been facing Double Vision problem. After wearing the glasses she is ok with the output.
LVPEI asked us the reports to evaluate, if there is any shaking /misplacement in ICL. But we don’t have any reports.

After researching about ICL/LASIC from different sources we understand that there are some cases remained 0.5 eye sight, where it is negligible and no need to wear glasses. But in our case it is high and she should wear glasses.
The ABCD Eye Hospital had done this ICL procedure to my sister. So, they should have to tell us all Pros and Cons to us. They said only Pros. Even after our repeated fallow-ups they didn’t try to address our problem and not suggested any remedy.
Due to their negligence/irresponsibility we are facing psychological stress. My sister failed to attend a competitive exam because of Double Vision.
With the whole process, we didn’t get satisfying results. It a heavy financial loss and she has to wear glasses as before.

ICL is a new technique here and most persons in ophthalmology field are even not fully aware of.
We signed on consent from/Letter one hour before ICL, we don’t understand that terminology and said that it is formal before surgery.
Please let us know is it worth to fight by legal way. If yes how to approach and what is the suggested way (consumer court, Civil Case, Lok adalat). How long it takes to resolve the issue.

sankar narayanan (Expert)
06 January 2018

First, send a legal notice of medical deficiency and negligence, then file a case in consumer forum

P. Venu (Expert)
07 January 2018

You can approach a civil court or a consumer. However, the lapse/deficiency requires to be proved to professional!

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