S S VATS Vs. AVTAR SINGH GILL

JUDGEMENT

(1.) BY way of this complaint the complainant is seeking a compensation of Rs. 5,05,000 from OP on account of medical negligence committed by the OP in operating on his left eye for removal of cataract due to which the vision in his left eye has been damaged which is now not curable.

(2.) BRIEFLY stated, the allegations of the complainant are that the complainant, who was a Law Professor at Delhi University and also a practising Advocate, approached OP Dr. Avtar Singh Gill with a complaint in his left eye in May 1999. After examination OP told him that he had developed cataract in his left eye and that he could remove the same by the stitchless PHACO method. Complainant suffered from diabetes and blood pressure, which were confirmed by OP through blood sugar test and by measuring the blood pressure. However, he told the complainant that he could do the surgery even in these given circumstances. Though the complainant resisted, OP insisted on doing the surgery at the earliest despite uncontrolled diabetes and blood pressure and ultimately, the surgery was performed on 26. 5. 1999 and complainant paid Rs. 10,000 for the same.

(3.) COMPLAINANT remained under the treatment of OP for about two months. Complainant felt irritation in the operated eye. It was not possible to look into the sun and the complainant felt as if the eyeball of the eye had swollen. When the complainant did not get any relief from the treatment of OP, he consulted another eye surgeon Dr. Neeraj Chadha, who opined that the aperture of operated eye was deformed during the surgery. Dr. Chadha advised removal of the thick layer from the operated eye with the help of laser. It is further stated that the OP had not operated with PHACO method as five stitches were still there in the operated eye.