VIJAY S PRADHAN Vs. NITEEN C DEDHIA

JUDGEMENT

(1.) BY this common judgment, we are disposing of two complaints, one filed by Dr.Vijay S. Pradhan and another filed by Shri Manharlal J. Parekh. Both of whom had filed consumer complaint against Dr.Niteen Dedhia/O.P.No.1 and Lilavati Hospital and Research Centre/O.P.No.2, since question of facts and laws involved in both these complaints are similar.

(2.) IN Consumer Complaint No.33/2002, Dr.Vijaykumar Pradhan is the complainant. He has averred in his complaint that he is practising Paediatrician having practice of 40 years. He was President of Bombay West Suburban branch and Vice President of the Indian Medical Association, Maharashtra State Branch. He was also member of Central Council. He is therefore well known within the medical circle of Mumbai.

(3.) HE further pleaded that he was having a cataract in the right eye which was required to be removed surgically. He therefore approached O.P.No.1 Dr.Nitin Dedhia for carrying out surgery since Dr.Dedhia was well known Ophthalmic Surgeon having a very lucrative practice and was also having his own clinic at Bandra. He was also attached to the O.P.No.3 Lilavati Hospital. According to the complainant, O.P.No.3 hospital is a very huge and specious hospital and it is one of the best equipped hospital having latest and most modern equipments. The O.P.No.2 is the Medical Director, of O.P.No.3 Lilavati Hospital who was in -charge of day to day affairs of the administration of the hospital. The complainant pleaded that he consulted O.P.No.1 on 8/3/2000 who advised him to undergo for surgery of the cataract. As per his advice, he underwent all requisite tests for pre -operative assessment. He had no hypertension or diabetes. These tests were conducted at Lilavati Hospital itself and on 10/3/2000 cataract operation was fixed in Lilavati Hospital. It is pleaded by the complainant that on 10/3/2000 at 11.00 A.M. O.P.No.1 Dr.Niteen Dedhia operated his right eye for cataract. The Intra Ocular Lens (IOL) implantation was done by phacoemsulsification method by O.P.No.1 Doctor. After surgery, he was assured by O.P.No.1 that operation was successful and there was no cause for him to worry. The complainant further pleaded that on the same day, three other patients, namely Shri Jayaram Hegde, Shri Manohar Parekh and Mrs.A.Bhatia were also operated for cataract by O.P. No.1 in the same operation theatre. Those operations were carried out one after another by O.P.No.1. On 11/3/2000, when bandage was removed, complainant did not have any vision in his right eye. The O.P.No.1 Doctor expressed surprise. He washed his eye and prescribed antibiotics. On 12/3/2000, Vitrectomy was done and pus from the anti -chambers was removed, IOL was also removed. On 13/3/2000, a B -scan was done and his eye recorded post chambers pus in vitreous cavity and also supra temporal retinal detachment was done. The pus was collected and sent for culture and sensitivity test and the culture of the pus exhibited E -Coli of faecal origin. It is further pleaded by the complainant that E -Coli is a gram negative bacteria of faecal origin from the urinary tract. The bacteria was always a contaminant of water and hence can reach the hospital operation theatre principally because of