K S BHATIACOMPLAINA Vs. JEEVAN HOSPITAL

JUDGEMENT

(1.) Complainant K.S. Bhatia has filed the complaint against the opposite party alleging medical negligence.

(2.) Brief facts of the case are that the complainant approached one Dr. Neeraj Chaddha - an eye surgeon, with some eye problem who advised test for Blood Sugar and Blood Pressure. This was got done from one Shalimar Diagnostic Centre on 16th May, 1995. Tests were normal. When after being treated by him, he got no relief, he went to O.P. 1, Jeevan Hospital. where he was advised to take certain medicines and also to undergo FFA (SP) Test which was done by 2nd O.P. on 24th May, 1995. On 25th May, the complainant was advised to contact 3rd O.P. Dr. Sabharwal. when complainant reached the room of 3rd O.P., he was not there but it was 2nd O.P. Dr. Rohtagi who was sitting there while the name plate was of that of 3rd respondent. It was the 2nd respondent who did Argon Laser on the complainant and was discharged the same evening. At his residence he found out that he has lost his vision. When on 26th he went to the 1st O.P. Hospital, no doctor could be found upon which he contacted Dr. Chaddha who after examination opined that Argon Laser has not been done properly due to which laser marks have come on retina and it has been damaged. Dr. Chaddha has said so in his report. This was also confirmed by one Dr. Hari Mohan, the later further opining that disease is incurable. He also advised certain medicines but to no effect.

(3.) Complainant is a Bank employee and his future career has been ruined by the negligence on the part of O.Ps. It is only on account of medical negligence of O.Ps. that he has lost his vision, thus alleging medical negligence, the complaint was filed for award of Rs. 50 lakhs as compensation for the complainant's loss of eye sight. Upon issue of Notices to the parties, written versions were filed by them.