Medical Negligence | State Liable for Loss of Vision in Botched Cataract Surgeries: Gauhati High Court Awards Compensation

“A claim based on strict liability made by resorting to a constitutional remedy... is distinct from, and in addition to the remedy in private law for damages for tort.”— In a seminal ruling the Gauhati High Court, comprising Justice Kardak Ete, ordered the State of Assam to pay compensation to seven victims who lost their eyesight following botched cataract surgeries at a Government Civil Hospital.

The petitioners, belonging to economically weaker sections, underwent cataract surgeries at B.P. Civil Hospital, Nagaon, between March 7 and March 10, 2017, under the National Programme for Control of Blindness (NPCB). Post-surgery, they developed severe irritation and complications. Upon being referred to Sri Sankaradeva Nethralaya, Guwahati, it was discovered that the surgeries were improperly conducted, necessitating the removal of the affected eyes to prevent further infection.

The Enquiry and State’s Admission

An enquiry report submitted by the Director of Health Services revealed that out of 41 cases operated, 13 developed severe complications. The report highlighted deficiencies in the hospital's infrastructure, specifically the Eye Operation Theatre, recommending its closure until renovation.

While the report did not explicitly pin "negligence" on a specific doctor, it acknowledged the institutional failure. The State, represented by the Additional Advocate General, fairly admitted liability and proposed a compensation amount of Rs. 4,00,000/- per victim.

Public Law Remedy

Justice Ete invoked Article 21 of the Constitution, citing the Supreme Court’s landmark rulings in Paschim Banga Khet Mazdoor Samity (1996) and Nilabati Behera (1993). The Court emphasized that when fundamental rights are violated by the State or its instrumentalities—even through medical negligence in a welfare scheme—the Constitutional Courts have the power to award monetary compensation as a public law remedy. This is independent of any private tort claim.

Acknowledging the State's benevolent stance to pay without contesting the negligence claim further, the Court directed the State of Assam to pay Rs. 4,00,000/- (Four Lakhs) to each of the seven petitioners (or their legal heirs) within six weeks. The Court clarified that this relief extends to all similarly placed victims of this incident, irrespective of whether they approached the Court.

Date of Decision: 27th November, 2025