DR. RAJNI SAIGAL Vs. DR. PAWAN STHAPAK

JUDGEMENT

(1.) The present consumer complaint is filed under Sec. 21(a)(i) of the Consumer Protection Act, 1986, against the Opposite Parties (OPs) particularly against OP1&2 for grant of compensation for the loss and injury suffered by the complainant due to medical negligence. The complainant sought the following reliefs:-

(2.) Dr. Rajni Saigal is the complainant. Dr. Pawan Sthapak, Medical Director of Jan Jyoti Super Speciality Eye Hospital and Jan Jyoti Super Speciality Eye Hospital are OP-1 & OP-2 respectively. Dr Ravi Aggarwal is OP-3, Center For Sight is OP-4, Dr. Dinesh Talwar is OP-5, Dr. Aashraya Karpe is OP-6, L.V. Prasad Eye Institute through its Head Kallam Anji Reddy Campus is OP-7, Dr. Raja Narayanan is OP-8, Dr. Ankur Aggarwal is OP9, Batalia Eye Hospital is OP-10 and Dr. S.C. Batalia is OP-11.

(3.) The matters pertain to allegation of medical negligence in her cataract surgery resulting in loss of eye. Brief facts of the case, as per the complainant, are that on 3/7/2014, she visited Dr. Pawan Sthapak, OP-1 at Jan Jyoti Super Specialty Eye Hospital OP-2 for a formal eye check-up and vision test. Instead of providing her vision number for glasses, OP-1 advised her to undergo cataract surgery. On 7/7/2014, he had her cataract surgery done to her right eye. Post-surgery, she experienced pain and blurred or no vision. She reported the issue immediately to the doctor. Despite these complaints, OP-1 on 8/7/2014 proceeded with cataract surgery on her left eye as well. From 9/7/2014 to 11/7/2014, the complainant was confined to home due to having undergone surgeries in both eyes and continued to suffer from increasing pain in the right eye, despite timely use of eye drops prescribed and medication. Although she was advised to return for a follow-up after five days, the increasing intensity of her pain compelled her to visit the hospital on her own on 12/7/2014. On her visit, OP-1 did not examine her right eye properly. He neither used a slit lamp nor a torch, and instead casually assured her that the pain and vision issues would resolve with continued use of drops and painkillers. Between 13/7/2014 and 18/7/2014, her condition worsened, and she remained alone and in severe pain. A police officer who visited her was distressed by her condition and spoke with OP-1, who downplayed the severity, attributing to inflammation. On 18/7/2014, due to unbearable pain, she visited OP-2 where OP-1 nonchalantly told her to return next morning. On 19/7/2014, during another painful visit, OP-1 for the first time, advised an eye ultrasound and called her back to Operation Theatre (OT) on 21/7/2014. On 20/7/2014, her condition deteriorated further, with constant shooting pain and fear of permanent damage, while OP-1 continued to dismiss her concern, on 21/7/2014, a minor operation was conducted, where she later learnt that a membrane was removed from her right eye. However, this only worsened the pain, redness, and swelling. On 22/7/2014, despite her repeated pleas, OP-1 brushed off her concerns and insisted that continued medication would relieve her symptoms. He asked her to return on 23/7/2014. On that day, after another painful examination, she sought truthful information and a resolution to her unbearable pain. Upon persistence, OP-1 reluctantly agreed to a second opinion and referred her to Dr. Ravi Aggarwal OP-3 and Dr. SC Batalla OP-11, who immediately diagnosed a severe infection in her right eye and recommended an urgent vitrectomy. Following this, from 24/7/2014 to 29/7/2014, she was treated at the Centre For Sight, Delhi (OP-4), under OP-5 & 6. On 30/7/2014, she further consulted LV Prasad Eye Institute (OP-7), where she was treated by OP-8 from 30/7/2014 to 2/8/2014; 5/8/2014; and on 26/8/2014. From 1/9/2014 to 20/9/2014, she returned to Jabalpur and continued consultation with OP-9 and 11. Ultimately, between 22/9/2014 and 26/9/2014, she was treated at Batalla Eye Hospital, Jabalpur (OP-10), under Dr. SC Batalla (OP-11), who, on 22/9/2014, had to remove her right eye due to the severity of the infection. As a result, she was fitted with an artificial eye, suffering permanent loss of her natural vision, disfigurement, and severe emotional and physical trauma between July 2014 and January 2015. She, after reviewing medical literature and expert opinions, concluded that infection to right eye originated in the OT during the surgery on 7/7/2014, and that the continuous neglect, misdiagnosis, and lack of proper follow-up care by OP-1 & 2 constituted gross medical negligence, which ultimately led to the irreversible loss of her right eye, despite efforts by multiple expert institutions and doctors across India. She thus filed this complainant seeking appropriate compensation from OP-1 & 2. She also sought that, if her natural right eye can be medically restored at the expense of OP-1 & 2, she is willing to forgo the claim for compensation.