L K NEPALIA Vs. KAMLA & ANR

JUDGEMENT

(1.) This order shall decide above said two revision petitions. The facts are taken from Revision Petition No. 662 of 2015.

(2.) On 25.2.2011, Dr. L. K. Nepalia, an Eye Surgeon (OP-1) performed cataract surgery on the left eye of the complainant, Smt. Kamla in St. Francis Hospital, Ajmer/OP-2 and discharged the complainant on next day. On 28.2.2011, during follow-up, she complained of pain in her operated eye, the OP 1 prescribed medicines. Thereafter, till 18.4.2011, complainant visited OP-1 on several times, coming all the way from Pali. On each occasion, she complained of pain and loss of vision, in her operated eye. The OP 1 prescribed routine medicines and assured the complainant that she would be normal, soon. The OP-1 told her not to come all the way from Pali, but consult Dr. Pradeep Maheshwari of District Pali itself, still there was no improvement. At the insistence of complainant, the OP-1 referred her to Dr. Raj Kumar Sharma at Jaipur ; but she consulted at ASG Hospital at Jodhpur, who told her that during Cataract surgery, the implanted lens had been detached/dislocated. She underwent another surgery at ASG hospital, where she incurred further expenses of Rs.33,000/-.

(3.) Therefore, alleging negligence on the part of OP, she filed a consumer complaint before District Forum, Ajmer. The District Forum dismissed the complaint. The complainant filed first appeal before the State Commission, which was allowed, with the order that OP shall pay cost of Rs.33,000/- incurred for second surgery, conducted at ASG Hospital plus cost of medicines, tests, other expenses totaling Rs.15,000/-. The complainant is also entitled to receive compensation for medical negligence which is fixed at Rs.1, 00,000/- and also pay Rs.21, 000/- as cost of litigation.