BALKRISHNA MAHADEV KARE Vs. P.N.NAGPAL

JUDGEMENT

(1.) Complainant Shri Balkrishna Mahadev Kare, a resident of Chinchwad, Pune, filed this consumer complaint against the Opposite Party No.1 Dr. P.N. Nagpal of Ahmedabad and also against K.E.M. Hospital, Rastha Peth, Pune Opposite Party No.2, alleging negligence in the services rendered by both the Opposite Parties.

(2.) He pleaded that, he received one letter from Dr. P.N. Nagpal on 06.05.1995 and acting upon the said letter and other annexures he was approaching this Commission for redressal of his grievances. He mentioned in Para No.2 of the complaint that from the facts and circumstances as disclosed in the synopsis and list of dates, it is clear that he had taken all the treatment, had undergone of the operations, took medicines prescribed as per advice of doctors and committed no mistake in taking treatment and in spite of the treatment his right eye is lost due to improper treatment and negligence of the Doctors. They recovered lot of money from him for giving services like treatment and operations, but while giving services they were negligent. He listed his grievance as under:

(3.) He further relied upon Dr. Nagpals letter dated 06.05.1995 to plead that, that letter by Dr. Nagpal offered for giving free services for his left eye which was itself a proof of his negligence in performing the operations. He pleaded that due to negligence he lost his right eye and by his right eye he was unable to do any work on any machine which was part of his job and therefore, he could not get promotions or he may lose job though he is ITI (machinist trade holder). He has therefore prayed that he should be awarded damages of Rs.9,30,000/- as particularised in prayer clause. In the synopsis which is appended to the complaint he has mentioned that he has passed ITI Machinist in July, 1986 and he got in 1987 Central Government job in the workshop of R & DE (E), since then he has been working on machines like lathe machine, grinding machine, drilling machine etc. On 29.05.1992, a particle of dust went in the right eye while working on the grinding machine. He went to the dispensary of his establishment and got removed dust particle. Doctor advised him to approach eye specialist within 2/3 days. Hence, on 01.06.1992 he went to KEM Hospital OPD where Dr. Deshmukh attended him and prescribed 10 days medicines. On that day vision of his both eyes was, 6/9 of left eye and 6/9 of left eye. On 06.06.1992 he went to KEM Hospital because there was pain in the right eye, Dr. Deshmukh referred him to Dr. Mrs. N.S. Sarpotdar, Dr. Sarpotdar checked his vision and asked him to come on 13.06.1992 for recheck-up and for some tests. On 13.06.1992 certain tests were carried out and his vision was 6/6 of left eye and 6/12 of right eye. On 08.07.1992, he again approached KEM Hospital because there was bleeding from the right eye. They asked him to take rest for one month. He took rest accordingly. From 20.06.1992, KEM hospital started laser treatment. There were 11 sittings for laser treatment, each costing Rs.500/- per sitting. He paid total amount of Rs.5,500/- for laser treatment. On 24.08.1992, KEM hospital issued fitness certificate, because his vision of both the eyes was 6/6. On 03.10.1992 Dr. Sarpotdar referred him to Dr. S. Natarajan a Vitreo Retinal Surgeon, who advised him periodic check-up. On 05.12.1992 he was referred to chest department by Dr. Sarpotdar. Dr. Kale at Chest OPD carried out some tests, in which tuberculin test came positive. After taking expert opinion from Dr. Kale, Dr. Sarpotdar started ATT treatment for 30 days. On 31.07.1993 Dr. Sarpotdar gave treatment of Laser Photocoagulation at KEM hospital and referred him to Dr. P.N. Nagpal. Dr. P. N. Nagpal visited KEM hospital on 05.09.1993 and checked his right eye. Dr. Sarpotdar, on 11.09.1993 referred him to Dr. P.N. Nagpal at Aso-Palov Eye Hospital, Ahmedabad and KEM Hospital issued him certificate that Vitrio Retinal Surgery would cost Rs.10,000/- at Ahmedabad. He then went to Ahmedabad on 26.11.1993, met Dr. Nagpal, paid Rs.300/- as consultation fees where Dr. Nagpal carried out some tests and assured him that he would make one surgery at right eye and thus, his vision would become alright. On 27.11.1993, Dr. Nagpal carried out operation on his right eye for two hours. On 30.11.1993 he was discharged with a direction to take out bandage at KEM Hospital at Pune. For operation he paid Rs.7,232/- to Dr. Nagpal. His vision after first operation was 6/36, which was good sign. On 25.12.1993, he again visited Dr. Nagpal at Ahmedabad for recheck-up. His vision of right eye was 6/36 and vision of left eye was 6/12. On 11.01.1994 he got a problem of lower vision and swelling, so he went to KEM Hospital for checking. They told him after checking that his retina was detached because of improper stitching while operation and re-operation was required. On 12.01.1994, KEM Hospital issued certificate that re-operation by Dr. Nagpal at Ahmedabad would cost Rs.8,000/-. On 15.01.1994 he went to Ahmedabd, met Dr. P. N. Nagpal, who on checking told him that his retina was detached because of improper stitching at the time of first operation. He assured that his eye would be alright after re-operation. His re-operation was done by Dr. P.N. Nagpal, charging him Rs.3,000/- for operation. On 18.01.1994 after re-operation he was having headache and swelling on right eye. Dr. Nagpal took him to operation theatre, removed the bandage, removed silicon oil from his operated eye. When asked Dr. Nagpal, he told him that his eye was not accepting silicon oil, a silicon oil put in the eye may be having some problem so he removed the same. Normally silicon oil is removed after setting of retina, Doctor added. Dr. P. N. Nagpal on 24.01.1994 discharged him from his hospital though even at that time he was suffering from headache. He assured that after some days the headache would go away and he would be alright. He handed over to him a note written to Dr. Sarpotdar for further treatment. While returning to Pune from Ahmedabad his headache became intolerable, so after getting down from the train he immediately went to KEM hospital and met Dr. Sarpotdar who checked his eyes and told him that pus was developed in his eye and it was due to infection of silicon oil which was used for fixing retina. Dr. Sarpotdar told him that due to swelling and pus there was chance of loss of eye. He was admitted in KEM Hospital on the same day and after some tests finally he was discharged from the hospital on 02.02.1994. On that day, Dr. Sarpotdar told him that he would lose the eye though they tried their best to save it. On 16.07.1994, Dr. Sarpotdar issued clinical note in which it is categorically mentioned that his right eye is lost due to Eales disease and due to surgery.