Cheated by doctor
Querist :
Anonymous
(Querist) 08 October 2011
This query is : Resolved
I have been cheated by an Opthalmologist in Pune as he did not tell me the consequences of the LASIK Surgery and I am suffering through its consequences severely.Please suggest me best lawyer from Pune as I want to sue that Doctor.Kindly Help.
ajay sethi
(Expert) 08 October 2011
en.wikipedia.org/wiki/LASIK
beofre consutling a lawyer go through this site . you ought to have done some research before going through lasik surgery .
you must have signed a dsiclaimer form wherein you absolved doctor in case complications arise
Guest
(Expert) 09 October 2011
Mr. Sethi's advice and link provided by him can help you a lot. Of course there are some eye surgeons who operate laser very carelessly and hastily just to clear more patients in and earn more in short time, which I also noticed in one private hospitals during my own vision check-up.
No matter, if the querist would have signed disclaimer, but principlly and ethically, it is also the duty of the doctor to apprise a layman patient properly about the pros & cons of the laser surgery prior to start of operation.
Sailesh Kumar Shah
(Expert) 09 October 2011
I also suggest you to cross check with another doctor after visiting website as advised by Shri Ajay Sethi.
Querist :
Anonymous
(Querist) 09 October 2011
Thank you Mr.Sethi,Mr.Singh,Mr.Dhingra and Mr.Shah for replying so soon.I thought of suing that doctor only because I haven't signed any of the documents he asked me too and as Mr.Sethi said it is absolutely the same thing happening here that the doctors are doing the operation in within 5-6 mins to clear more patients on the same day itself.The only option left with me are the Boston Scleral Lens available in Mumbai and Hyderabad which are specially imported from United States as per the corneal disturbance [http://www.bostonsight.org/].
I apologize if I have been wrong in the discussion as I'm mere 22 years old Engineering Student who had a dream of becoming a Successful Businessmen but all my dreams were shattered since the day I had my Lasik Surgery to get rid of the spectacles and the complications are increasing day by day and are unbearable.A pair of Boston Scleral lens cost Rs.1 lakh Forty Thousand and it's very difficult for me and my parents to sepnd so much money on lens every few months as the Abberrations and Power keeps on changing.This is the reason I want to pull the doctor to consumer court and want to save other people from this Con.The advantage with me is that I haven;t signed any of the documents.So please guide me.Thanking you all once again !
ajay sethi
(Expert) 09 October 2011
well if you have not signed any disclaimer then ho was p[ayment made by you ?
by cash or cheque/
do you have the receipt?
what are the complications ?
have you in writing intimated your doctor about the same ?
did you receive any reply from doctor?
prepare a solid case enegage a lawyer , send legal notice .
prabhakar singh
(Expert) 09 October 2011
go with this judgement:
Kusum Sharma And Ors. vs Batra Hospital & Medical Research ... on 30 August, 2000
prabhakar singh
(Expert) 09 October 2011
Kusum Sharma &Amp; Others vs &Amp; Others on 10 February, 2010
Author: D Bhandari
Querist :
Anonymous
(Querist) 10 October 2011
@ Mr.Sethi - Thank you for replying Sir.The payment was done in cash.Yes,I have all the receipts and even the letter given by the doctor which I asked him to give if I could get Medical Insurance Claim.I even have my Pre-Lasik documents and the Post-Lasik changes they made through surgery.I have took opinion from many of the doctors and all were of the opinion that these complications are incurable and must have been told by the doctor to me prior the operation.The Compications are :
1.Severe Dry Eye Throughout Day-Night
2.Light Sensitivity
3.Glare and Haloes around light
4.Starburst
5.Corneal irregularity because of which cannot wear any type of lens.
6.Continuous itching in Eyes,Laziness in eye,Haze
7.High Order Abberrations
and many more.
The Lasik was done in Feb,2009 but I did not intimate the doctor in writing.I visited him many times to seek help but he always use to ignore me rudely saying you have to bare all this throughout your life and there is no escape ! Initially he used to ignore me giving several eye drops which are harmful to eyes[as told by other doctors when I told them about this] and later on he kept ignoring me and remain rude.I did not wanted to disturb my father so never did I asked him to sue him.But it's high time now and this culprit needs to be punished.
Any Suggestions regarding what all should I ask my lawyer to include in the notice ? I want compensation so accordingly what are the necessary steps ?
@ Mr.Prabhakar Singh - Thank you Sir.I will definitely print out that judgement and ask my Lawyer to refer to it.
ajay sethi
(Expert) 10 October 2011
your lawyer is the best judge . you need to narrate facts in chronological order . submit all documents lying with you .
bill raised by doctor , receipt issued by him , cetrtifcate issued by doctor . complication that have arisen . opinion of other doctors that it is incurable .
based on documents submitted by you he will send legal notice . thenfile consumer complaint or suit for damages .
Querist :
Anonymous
(Querist) 11 October 2011
I went to a lawyer but he asked to get an affadavit from an expert Opthalmologist saying that these complications have arised only because of the lasik surgery done on me.And the problem is that none of the doctor is ready to give an affadavit.I asked many of the doctors.They say we can't go against any doctor.This is the only reason because of which I have still not send the notice.
