SNEHLATA Vs. RATAN JYOTI NETRALAYA

JUDGEMENT

(1.) -Case of the complainant No. 1 Smt. Snehlata Gupta is that she had developed Glaucoma in her eyes. Dr. H.S. Sharma of Government Hospital, Morena advised surgery. The complainant No.1 contacted Dr. Purendra Bhasin and Dr. Smt. Priyamvada Bhasin of Ratan Jyoti Netralaya, Gwalior on 15.4.1999 who operated her left eye on 17.4.1999. Complainant No. 1 alleged that when the bandage was removed she had lost her vision. Surgery of the right eye was performed on 23.4.1999 and on 24.4.1999 when bandage was removed she found that she lost her eyesight of the right eye also. It is alleged by the complainant No. 1 that the treating doctor had promised that her vision will improve after the surgery but he has not taken proper care in operating her eye. There was also no improvement despite the use of medicines suggested by the treating doctor. Subsequently, the complainant consulted doctors at Aligarh and Agra who stated after examination that the chambers of both the eyes are blocked. The complainant No. 1 went to the same doctor at Gwalior who advised her Cataract operation Accordingly, intraocular lens were implanted in her eyes on 30.7.1999 and 16.8.1999 respectively. Even with this, the complainants contended that there was no improvement in the vision and the complainant No. 1 lost her eyesight. Dr. Bhasin gave a reference letter to Dr. Rajendra Prasad Centre for Ophthalmic Science (AIIMS). Even after the treatment at this centre the complainant No. 1 could not regain her vision. She alleged that surgery performed by the respondent doctors was a failure and they have committed grave medical negligence.

(2.) The District Forum after hearing the parties and the evidence adduced by the parties came to the conclusion that the doctors have tried their level best to operate and manage the Glaucoma and Cataract of the appellant hence, medical negligence was not proved. The State Commission confirmed the order of the District Forum. Hence the revision.

(3.) We had appointed an amicus curiae who assisted the revision petitioner. Submissions of the learned Counsel for the Revision Petitioners :