UMA TIWARI Vs. DR. SANTOSH GUPTA

JUDGEMENT

(1.) This Revision Petition is directed against the concurrent Orders passed by the DCDRC, Indore in CC/223/2012 dtd. 22/12/2022 and the Order passed by the M.P. SCDRC in FA/183/2023 dtd. 28/7/2025.

(2.) The Complainant Smt. Uma Tiwari had a problem in her right eye, for which she consulted the first Respondent who performed the procedure of YAG PI (Yaag Peripheral Iridotomy) on 30/7/2009 in Choithram Eye Hospital, Indore. According to the Complainant, the first Respondent was negligent by attempting the procedure in spite of the fact that the Complainant was a patient of renal disorder and was undergoing dialysis. The said procedure was performed on the same day when she was undergoing her cycle of dialysis at Choithram Hospital which is at a distance of 15-16 kilometers away from the eye Hospital. Her allegation is that this was done without consulting the nephrologist or conducting any pre-operative tests or diagnosis and was, therefore, a totally negligent performance. There are other allegations also made and it is stated that when she had a problem in February, 2010 in her left eye, then the treatment was carried out in consultation with the nephrologist.

(3.) On coming to know of this short-coming in the procedure adopted by the Respondent No.1, she requested for the complete file of the treatment of her right eye, but the same was not provided and realising that this was a negligent act of the Respondent No.1, a Complaint was lodged before the Medical Council of Madhya Pradesh on 19/5/2012 that was routed through the Medical Council This Complaint was filed after almost two years of the of India. performance of the procedure in the right eye and subsequent thereto CC/223/2012 was instituted on 1/3/2012 that has given rise to the present Revision Petition.