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At Least 19 Lose Vision In One Eye After Cataract Surgery In Muzaffarpur: Patna High Court Directs To Expedite Probe, Seeks Personal Affidavit Of SP

Brij Nandan
11 April 2022 7:45 AM GMT
At Least 19 Lose Vision In One Eye After Cataract Surgery In Muzaffarpur: Patna High Court Directs To Expedite Probe, Seeks Personal Affidavit Of SP
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The Patna High Court has directed the Senior SP of Muzaffarpur to file his personal affidavit in connection with the case pertaining to loss of vision of several persons during cataract operation at a camp organized by a Clinical Establishment in the area.FIR in the matter was registered on December 2, 2021 at Brahmpura Police Station, Muzaffarpur and is now pending investigation.The Bench...

The Patna High Court has directed the Senior SP of Muzaffarpur to file his personal affidavit in connection with the case pertaining to loss of vision of several persons during cataract operation at a camp organized by a Clinical Establishment in the area.

FIR in the matter was registered on December 2, 2021 at Brahmpura Police Station, Muzaffarpur and is now pending investigation.

The Bench of Chief Justice Sanjay Karol and Justice S. Kumar ordered the officer to ensure that the investigation is expedited and completed at the earliest. Along with this, he should file his personal affidavit mentioning the latest status before the next date of hearing.
The court also directed the management of the Clinical Establishment concerned to file its reply, indicating compliance of all the statutory provisions under Clinical Establishments (Registration and Regulation) Act, 2010 and specifically, pertaining to the fulfilment of the standards as defined under the Bihar Clinical Establishments (Registration and Regulation) Rules, 2013.
The development comes in a PIL filed by one Mukesh Kumar, alleging that due to the irregularities and illegal actions taken by the management of the eye hospital and the officials of the state government, many persons lost their eyesight.
Before the court, Advocate VK Singh, counsel for the petitioner submitted that no action is being taken on the FIR registered in this case.It is urged that a High Level Committee be constituted to conduct an inquiry.
It has also been said in the petition that FIR should also be registered against the responsible officials and the hospital management, because due to their negligence, hundreds of people had to lose their eyesight.
The Court noted that appropriate authority constituted under Section 12 of the Clinical Establishments Act is fully empowered to take action against any clinical establishment for not maintaining the standards prescribed thereunder.
It thus observed that the Additional Chief Secretary, Health Department, Government of Bihar, should constitute a fresh committee of experts, perhaps, comprising of doctors of premier institutions like AIIMS, Patna, PMCH, Patna and Rajendra Nagar Hospital, Patna for not only undertaking the task of reviewing the report submitted by the local doctors posted at Muzaffarpur, but also suggesting as to what further course of action should be adopted for ensuring proper treatment of the patients who lost their eye-sight.
The bench has directed to constitute this committee in two weeks.
The Court has noticed that the State Government has provided monetary compensation to those who suffered on account of purported negligence on the part of the respondent hospital in performing the Eye (Cataract) Operations.
The court observed that investigation needs to be expedited.
"We may not be misunderstood to have expressed any opinion on merits, in emphasizing that at least 19 persons, who had undertaken cataract surgery in the camp organized by the clinical establishment, had lost eye-sight of one of their eyes. In this backdrop, we direct the Sr. S.P., Muzaffarpur to ensure that the investigation is expedited and concluded at the earliest. He shall file his personal affidavit indicating the latest status before the next date.
Needless to add, it would be open for the Committee to interact with all concerned, including the doctors who had carried out the operation and those who had prepared the report."
Now, the matter will be heard on 17th May, 2022.
Case Title: Mukesh Kumar Vs State of Bihar


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