VIDYA BHUSHAN Vs. MADAN AWADHESH INSTITUTE

JUDGEMENT

(1.) IN this case the complainant has alleged medical negligence by the Ophthalmologist who performed cataract operation on his left eye.

(2.) THE case of the complainant in brief is as follows: the complainant had some trouble in his left eye and on 24. 4. 1992 got himself examined by Dr. Vidya Nandan Prasad, respondent No. 2. The problem persisted and on 8. 4. 1995 he again consulted the same doctor who prescribed medicines and new glasses and directed the complainant to see him on 5. 5. 1995 on which date the complainant was asked to get some pathological tests as his eye had developed cataract and it needed surgery. On 23. 12. 1999, the doctor diagnosed that the complainant was having "presenile cataract" in his left eye and he suggested Intra Ocular Lens (I. O. L. ). Implant and he was asked to be admitted in his clinic namely "modern Eye Care". All the prescribed tests were conducted at Central Diagnostics, Shanti Apartments, Patna and fitness certificate for operation was given by Dr. S. S. Thakur. The date of operation was fixed for 3. 1. 1996 at Madan Awadhesh Institute of Modern Eye Care and Research Centre, Patna. On removal of dressings in the evening of 3. 1. 1996, the complainant found that he had absolutely no vision in the left eye on which the operation was performed. The complainant was informed by Dr. Prasad that IOL implant could not be done owing to a 'pre-existing large PC rent'.

(3.) THE complainant alleged gross negligence and deficiency in rendering the service by Dr. Prasad which was resulted into the irreparable damage causing complete loss of vision in the left eye. Later on the complainant consulted an Eye Specialist, Dr. Shreekant Chaudhary who after a thorough examination found that in the left eye Capsular Tag is floating pupillary area. Hence, in view of the seriousness of the matter referred the complainant to Dr. Rajendra Prasad Centre for Ophthalmic Sciences, New Delhi or to Dr. Daljeet Singh at Amritsar.