VASANT MEHTA Vs. KULLIN J KOTHARI MEDICAL

JUDGEMENT

(1.) This complaint has been filed by the complainant Vasant Mehta alleging medical negligence on the part of respondent Dr. Kullin J. Kothari.

(2.) As per the complainant, on or about 31st August, 1992 the complainant was operated by the respondent for cataract and intra-ocular lens implant. In or about May, 1995 the complainant visited the respondent's clinic for a routine check-up. The stitches were ordered to be removed by the opposite party, for which he directed one of his associates to do so. It is the case of the complainant that due to negligent and inefficient manner in which the stitches were removed, the complainant developed severe infection at the 'suture removal' site which led to mild endopthalmitis. No local antibiotic was prescribed by the opposite party, which is an instance of 'negligence' on the part of respondent. The complainant was also referred to one Dr. Vatsal who treated him for a few days. Since the infection was not coming under control, the complainant was referred to Shanker Netralaya, Madras. It was the complainant's case that the opposite party himself recorded on 15.6.1995 that the complainant had developed severe infection at the suture removal site leading to mild endopthalmitis and referred the case to Shanker Netralaya. The Shanker Netralaya recorded the same fact but got no relief. Since his vision was getting decreased, the complainant had to visit Shanker Netralaya, Madras second time for which he was referred to Dr. A.M. Selvaraj. In the document produced before us dated 13.7.1995, Dr. Selvaraj observed 'whereas our patient clearly shows that following removal of suture, he has developed a series of infections". Dr. Selvaraj further recorded that scleritis had gone from superior lateral to superior ledial side and that the whole situation needed to be approached as of infective origin. The complainant also relies on the letter dated 14.8.1995 addressed by Dr. S.S. Badrinath of Shanker Netralaya to the complainant's son which recorded that even a small, very minimal- innocuous procedure such as suture removal can trigger the onset of chronic, progressive smouldering scleritis such as what the complainant had. It is in these circumstances a complaint has been filed alleging medical negligence on the part of respondent/opposite party and claiming in all Rs. 25,00,000 by way of compensation.

(3.) The opposite party upon issue of notice has filed the written version. It is stated before opposite party that the complainant is 70 years old man who had approached him in 1992 for cataract operation with intra-ocular lens implant. The complainant visited in May, 1995 to the respondent's clinic was denied. It was stated that the complainant visited him on 28.4.1995 with complaint of irritation and redness in his right eye. On examination, it was found that suture had become loose and they were removed the same day by one of his associates Dr. Ravi Matani. It was stated by the opposite party that the complainant had not disclosed as to in what manner the respondent or Dr. Ravi Matani was negligent in removing the suture. The complainant informed the opposite party on phone on 2.5.1995 complaint of irritation and redness in his right eye. It was his conclusion that it was on account of infection redness and irritation is being caused for which antibiotic and inflammatory medicines were prescribed. He relies upon the report of Dr. G. Seeta Laxmi, Dr. Selvaraj and Dr. Badrinath of Shanker Netralaya, as according to them it was not a case of infection. They diagnosed the complainant's problem as that of scleritis and which could be on account of several reasons including a simple innocuous procedure like suture removal. No specific instance or action of negligence on the part of the opposite party has been shown; hence this complaint was requested to be dismissed. Both the parties filed affidavit by way of evidence in support of their contentions. We have heard the learned Counsel for both the parties at length.