LAWS(NCD)-2004-12-176

RAM KRISHNA Vs. MATA CHANAN DEVI HOSPITAL

Decided On December 03, 2004
RAM KRISHNA Appellant
V/S
MATA CHANAN DEVI HOSPITAL Respondents

JUDGEMENT

(1.) The solitary controversy involved in this appeal directed against the impugned order dated 9.4.2003 passed by the District Forum whereby the complaint of the appellant was rejected, is that whether the medicine prescribed by the respondent-doctor for the treatment of the Cyclodex in the eyes of the appellant was wrongly prescribed and whether it was harmful to the eyes or not.

(2.) The perusal of the impugned order shows that the prescriptions and the clinical papers attached with the complaint of the appellant were sent to Safdarjung Hospital for expert or second opinion. However, Dr. K. P. S. Malik of Safdarjung Hospital was not in a position to provide any opinion because of the clinical examination of the appellant being sketchy and unrelated. As is apparent from the observations of Dr. K. P. S. Malik he was not aware of the fact whether the medicine known as 'cyclodex' was prescribed for 10 days or whether this medicine was harmful to the eyes of the appellant who was having clinical Glaucoma.

(3.) We are afraid District Forum did not try to obtain the opinion of the doctor in respect of the prescription of Cyclodex for 10 days which was the sole question for determination of the claim of the appellant and forwarded all the papers including the complaint, etc. to Dr. K. P. S. Malik of Safdarjung Hospital.