Medico Legal News

(OPTHALMOLOGIST )

Dear Doctor,
Our effort is to provide you with the latest and relevant developments in the field of medico legal services for this we are providing you some case references from the field of Opthalmologist.

OPTHALMOLOGIST :
  
Nirmalendu Paul v. Dr. P.K. Bakshi
I (2001) CPJ 466
  
Consumer Protection Act, 1986 - Section (14) (1) (d) - Medical Negligence - Wrong Surgery - Non- removal of Cord After Operation - Eye operated - Thread cord not removed, resulted in loss of vision - Expert opinion to support the allegation of negligence not produced - Loss of vision attributable to wrong surgery not observed by any renowned Physicians - Complainant failed to prove the allegations - Not entitled to any relief.
  
Held : The complainant makes opposite party-1 responsible for losing the vision of his left eye. He states that one thread  cord was not removed after the initial operation. But it was removed after a lapse of 2 years when he complained of losing regular shape of left eye. According to the complainant this non - removal clinical and radiological examination, the complainant had been found to have compound comminuted fracture patella. The complainant was advised surgery and it explained to him that either broken pieces of patella are required to be removed or a attempt could be made to repair the patella by putting the wire around the same . The patient was admitted in the hospital for surgery with his consent and the opposite party decided to repair the fractured pieces of patella in view of the younger age of the complainant, which was the standard treatment . The complainant was give I.V. fluids and I.V. antibiotic cover. Under spinal anaesthaesia given by the anaesthesist under tourniquet control and under all aseptic conditions, fracture was exposed. All the fragments were held close to each other by self retaining towel clips.

After maintaining articular congruency, a circumferential wire was put around all the fractured pieces of patella and wire was tightened . Quardriceps expansions were repaired and wound was closed over a drain and plaster was applied. Thereafter , upto 18.10.1996 the dressing of the operated wound through window in the plaster were regularly changed and when the wound had become healthy, the complainant was discharged in satisfactory condition from the hospital. The complainant was advised to visit the hospital for further check-up from time to time . Thereafter, the complainant had come for treatment as OPD patient. The OPD record was retained by the patient, as the prescription slip was handed over to him. As per the Photostat copy of the prescription slips produced by the complainant before the District Forum, plasters were changed twice on 18.11.1996 and 18.12.1996 and thereafter the complainant came up for follow up on 2.3.1997 and 5.12.1997 . From the record produced on the file, the complainant appeared to have visited Dr. Salaria on 6.2.1997 . On 5.12.1997 the complainant was advised wire removal, but to the best of knowledge of the opposite party , he did not get wire removed , which could be the cause of pain complained by the complainant . Complainant was given proper, prescribed and accepted treatment as required to the particular case in view of the younger age of the complainant. The complainant had yet to undergo further treatment by way of removal of wire and removal of lower fragment of patella, in case , it continued to cause pain and problem to the complainant, even after the removal of wire.
  
Initially the complainant filed a case before the District Forum at Chinsurah , Hooghly but subsequently it was withdrawn with liberty due to sue fresh. Thereafter , he approached this commission claiming compensation of Rs. 50,000/- together with refund of all expenses incurred by him towards charges received by the opposite parties. He has also claimed damages and compensation against the opposite parties.
  
The opposite parties have filed a written objection denying the allegations contained in the complaint petition. It is , however admitted that opposite party-1 performed operation on the left eye of the complainant on 29.6.1993.  According to the opposite parties, opposite party -1 is a doctor by  profession since 1969 . It has been claimed that he is attached to various medical institutions and hospitals both in and outside country . He has specialization in Opthalmology.
According to the opposite parties the complainant was first examined by opposite parties -1 on 18.3.1993 when he noticed Cataracts in both eyes and suspected Glaucoma changes in both eyes. The patient was referred to Dr. Saha made Glaucoma Test, i.e. Tonometry , Gonioscopy and Perimetery Test on both the eyes with early filed changes in the left eye. Accordingly , the doctor advised the complainant for Cataract extraction and trab left eye. Accordingly , the doctor advised the complainant for Cataract and trab left eye first followed by right eye. Since the complainant agreed, tentative date for operation was fixed on 29.6/1993 amd tje [atoemt was govem doscjarge certofocate pm tjat date. The other allegations contained in the complaint petition have been denied and disputed. It has been specifically denied that there is negligence on their part in the matter of treatment of the patient . Accordingly , the opposite parties prayed for dismissal of the complaint petition.
 
At the time of hearing, the complainant appears in person and argues the case. The opposite parties are represented by their Counsels . Be that as it may, the undisputed fact is that the complainant having trouble in his left eye approached opposite party-1 for treatment. Opposite party-1 referred him to Dr. Saha for further investigation because he found Cataracts in both eyes and suspected Glaucoma changes in both eyes. After the report pf Dr. Saha was available the same was produced before opposite party -1 who advised the patient for Cataract extraction and trab left eye first pre-operative routine examinations which were done and the date of operation was fixed on and he was discharged on the same date. Thereafter, the complainant consulted opposite party of the Cord was an act of negligence on the part of opposite party-1 and this resulted in the loss of vision was attributable to the wrong surgery done by opposite party - 1 . The complainant does not examine any expert on the subject to eastablish his allegation of negligence on the part of the doctor. to succeed in a case like this . We may observe that there is hardly any cogent material to substantiate the allegation contained in the petition of complaint. Under the circumstances, we cannot but hold that the complainant has failed to prove the allegations against the opposite parties. So he is not entitled to get any relief in this case .
 
RESULT : Complaint dismissed.

ORDER :
Mr. Justice S.C.Dutta , President - The petitioner , Shri Nirmalendu Paul, aged 73 years approached the opposite parties for the first time on 18.3.1993 for the treatment of his eye. Opposite party-1 , is a Surgeon and Specialist in Intraoculur Lens implant and Micro-surgery and is attached to opposite party-2 , an Eye Foundation Centre. After examination of complainant , opposite party-1 observed that the poor vision in his advice, the petitioner went through some pre-operative tests. He was also examined by one Dr. D.K. Saha an associate of opposite party-1 and a specialist in the subject.
  
On 29.6.1993, the complainant got himself admitted in the Clinic of opposite party-2 and Surgery was done in the left eye of the complainant. Thereafter, the complainant visited several times to the chamber of opposite party -1 for post-operative care and treatment. The petitioner claimed that the opposite arty has taken a total sum of Rs. 30,000/- on several occasions towards operation charges and other fees. It has been alleged that the opposite parties did not grant receipt for all the money they have received. According to the complainant because of gross negligence the vision of his left eye has been impaired. Gradually, the condition of his left eye deteriorated . The complainant consulted several other renowned Eye surgeons of the Town and was under their treatment for some 1.8.1995 , the complainant again met opposite party-1 who examined him and referred the complainant Dr. Siddhartha Bose . The said doctor doctor suggested re-operation of the left-eye . On 8.8.1995 , the complainant attended the Chamber of opposite party-1 when he was taken to the Operation Theatre. The petitioner felt that a Cord has been removed from his eye. According to the complainant the non-removal of the Cord at the time of the first operation was an act of gross negligence. His left eye had become smaller compared to the right eye . He suffered permanent disability in his left eye due to wrong operation. The complainant consulted Dr. V. Pahwa on 27.11.1995 and understood that he lost vision of the left eye because of wrong operation. The complainant wrote a letter to opposite party-1 making allegation about the damage done to his left eye by the operation. Subsequently , he served Lawyer's notice upon opposite party-1 claiming compensation.party-1 on various occasions and was also under his treatment. Being dissatisfied with the result of operation, the complainant consulted some renowned Surgeons of the Town for regaining vision of his left eye. But there was no improvement, and he lost vision of his left eye. The complainant makes opposite party-1 responsible for losing the vision of his left eye. He stated that one thread Cord was not removed after the initial operation . But it was removed after a lapse of 2 years when he complained of losing regular shape of left eye. According to the complainant this non -removal of the Cord was an act of negligence on the part of the opposite party . 1 and this resulted in the loss of vision. As noticed , earlier the complainant consulted various renowned Physicians of his town but none of them has observed that the loss of vision was attributable to the wrong surgery done by opposite party-1.
The complainant does not examine any expert on the subject to establish his allegation of negligence on the part of the doctor Unfortunate though the incident is , the complainant has failed to prove allegations against the opposite parties. So he is not entitled to get any relief in this case.
  
In view of the aforesaid, we think that the case should fail. Ordered that the case be and the same is hereby dismissed on the contest but without cost.
  
Complaint dismissed.