National Consumer Disputes Redressal
Jwala Prasad vs Dr. Sushil Rungta & Ors. on 11 July, 2016
NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION NEW DELHI REVISION PETITION NO. 2057 OF 2014 (Against the Order dated 15/02/2013 in Appeal No. 423/012 of the State Commission Chhattisgarh) 1. JWALA PRASAD ...........Petitioner(s) Versus 1. DR. SUSHIL RUNGTA & ORS. 2. NATIONAL INSURANCE CO. LTD. (R-5) - 3. DR. ANAND SAXENA (R-2) Eye Specialist, Am. Eye Hospital Raipur Chhattisgarh 4. R-4 - ...........Respondent(s)
BEFORE: HON'BLE MR. JUSTICE J.M. MALIK, PRESIDING MEMBER HON'BLE DR. S.M. KANTIKAR, MEMBER For the Petitioner : Ms. A. Subhashini, Adv., Amicus Curiae For the Respondent : For the respondents 1,2&3 : Mr. R. K. Bhawnani, Advocate with Dr. Anand Saxena, Director For the respondent 4 : Ms. Amrreeta Swarup, Advocate For the respondent 5 : Dr. Sushil Kumar Gupta, Advocate Dated : 11 Jul 2016 ORDER DR. S. M. KANTIKAR, MEMBER
1. The case of the petitioner-complainant, Mr. Jwala Prasad, a technician at Bhilai Ispat Plant is that he took treatment from Dr. Sushil Rungta, the OP-1 on 22-02-2005 for the cataract surgery. During cataract surgery on 27-02-2005, the OP-1 put some medicine in right eye. It caused severe pain. Thereafter, bleeding started in that eye. Therefore, the OP did not perform the operation and called the patient after few days. On 11-03-2005, the operation was conducted at Sri Aurobindo Hospital, Raipur by the OP-2 but it was not successful. After six months another operation was conducted on the left eye. It was also failure and the petitioner became blind. Hence, he took voluntary retirement from his service on 04-01-2006. Therefore, alleging negligence in the treatment from OPs 1,2 & 3, that complainant lost his vision as well as source of income, the complainant filed a complaint before the Durg District Consumer Disputes Redressal Forum (for short, the District Forum)
2. The District Forum dismissed the complaint. Aggrieved by the order of the District Forum complainant filed first appeal before the Chhattisgarh State Consumer Disputes Redressal Commission (for short, the State Commission). The State Commission dismissed the first appeal.
3. Hence, this revision petition.
4. We have heard the counsel for both the parties. The complainant is represented by learned amicus curiae, Ms. A. Subhashini. She vehemently argued that due to negligence of OP the complainant lost his eyes.
5. The rival arguments were advanced on behalf of the OP by learned counsel, Mr. R. K. Bhawnani along with Dr. Anand Saxena, Director of Aurbindo Hospital. The counsel submitted that it was the case of total retinal detachment. The patient was known to be diabetic and hypertensive. He was high myopic even though he procured a certificate as fit for service and he was working there as a technician. The doctors treated him properly but it was advanced retinal detachment. Therefore, he lost his vision. The counsel brought our attention to the opinion of Medical Board, Durg. It clearly revealed as under:
"Disc barely seen, with peripapilary atrophy with choreoretinal degeneration with high myopia.
Macular degeneration present.
After examination of Mr. Jwala Prasad, we reached the conclusion that vision of loss of right eye is due to corneal opacity which is probably due to healing of corneal ulcer & diabetic patients are more prone to have severe corneal ulcer with delayed healing.
As per USG of both eye done on 21-11-2006 at Bhilai Scan & Research center which revealed in right eye that no retinal detachment and choroidal detachment with? Floater seen.
Anterior chamber & lens are not well visualized.
Opinion In our opinion right eye of Mr. Jwala Prasad was operated for retinal detachment and cataract surgery. Post operative B scan of right eye was done which shows no retinal and choroidal detachment, which means operation was done properly. Therefore, post operative visual improvement was there.
As per record after a gap of 9 months patient developed corneal ulcer with raised blood sugar, he was treated as per standard protocol. It is known that diabetics are more prone to develop ulcer even with minor injury & its severe complication, however treatment of ulcer led to corneal opacity which is a usual occurrence of ulcer healing.
On the basis of above facts it appears that prima facie negligence committed by treating doctor is not there."
5. The prescription of Dr. Sushil Rungta (OP-1) clearly revealed that he has undergone operation of retinal detachment of left eye. There is another report on the file issued by Civil Surgeon of Durg. It is reproduced as below:
"i. Pathological myopes are more prone to develop retinal detachment. 40% of all cases of retinal detachment belongs to myopes.
ii. Prognosis of Retinal detachment surgery is not certain and depends upon various factors even in experienced hands.
iii. Corneal Ulcer is not a common occurrence of Retinal surgery. Furthermore, Corneal Ulcer involving Stromal layer may lead to Corneal Opacity. Which is known causes of blindness. Diabetes are more prone to develop infection anywhere in body despite of control status of diabetes."
6. Therefore, it is a clear case of retinal detachment and the patient suffered corneal ulcer also. The OPs and different hospitals treated corneal ulcer as per standard protocol. The patient approached the OPs during follow up at belated stages.
7. During arguments we asked Dr. Anand Saxena whether it is possible to do corneal graft to regain his vision at this stage. He and the counsel volunteered to examine the patient again and do all efforts in this regard at free of cost. We also do not find any iota of negligence in the treatment of retinal detachment which is the main cause of blindness in this patient.
8. Keeping in view the acceptance and assurance given by Director, Dr. Anand Saxena of OP hospital, we direct the patient/complainant to contact Dr. Anand Saxena, Director of OP hospital and avail further treatment free of cost for corneal graft, any other possible treatment.
8. The revision petition is disposed of on those terms.
......................J J.M. MALIK PRESIDING MEMBER ...................... DR. S.M. KANTIKAR MEMBER