HARI PRASAD CHUNKAI Vs. MANNULAL JAGANNATH TRUST HOSPITAL

JUDGEMENT

(1.) This is a complaint under Sec.17 (a) (i) of the Consumer Protection Act, 1986 filed by the complainant Hari Prasad Chunkai resident of Jakson Hotel Compound, Civil Lines, Jabalpur against the Mannulal Jagannath Trust Hospital and Dr. Smt. Indu Pandey who is consultant of Opthalmologist in the said hospital to claim a compensation of Rs.15.00 lacs for the medical negligence in performing cataract operation.

(2.) The complainant developed cataract in his left eye and, therefore, consulted Doctors of Vehicle Factory, Jabalpur from where the Doctors referred him to Mannulal Jagannath Trust Hospital, Jabalpur for further treatment, where he was examined by Dr. Smt. Indu Pandey who found the case of cataract, therefore, suggested operation. The complainant was admitted in the hospital on 13.12.2000 where the patient was examined as on that day his blood pressure was on higher side, therefore, operation was postponed for 16.12.2000. On 16.12.2000 cataract operation was performed. It is alleged that post operative care was not taken properly, therefore, in his operated eye he developed infection and ultimately reached to such a situation that his left eye has to be removed to save further infection in his right eye. The complainant alleged that it was due to medical negligence of the operating surgeon and hospital staff, cataract operation was not done properly and ultimately resulted to he has to loss of his left eye this causes him mental and physical agony and he has become permanently physically challenged person, he, therefore, claims a compensation of Rs.15.00 lacs in various heads from the opposite party. The opposite party resisted the complaint and submitted that they have acted with full care and diligence and have treated the complainant as per medical norms and literature. The operation was successful and the complainant's vision was restored. It might be due to insanitary condition that the patient had suffered from Endophthalmitis and, therefore, his left eye was removed. There is 1% chances of occurrence of Endophthalmitis after cataract operation. The patient was treated with due care because the infection developed, was beyond their control which is a complication and, therefore, they are not negligent in any manner, therefore, the complaint be dismissed.

(3.) In a case of medical negligence, it is to be seen whether the Doctor who undertakes for treatment of a patient has taken care in deciding whether to undertake the case and to decide what treatment to be given and also to see that the treatment is properly administered. If a doctor who possess reasonable degree of care then he cannot be said to be negligent. A Doctor has a discretion in choosing treatment which he proposed to give to the patient and if he has acted with due skill and diligence then he cannot be held responsible for any medical negligence.