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(f)    Patients may experience starburst or halo around lights at night. This effect tends to diminish after the first few months, but some element can be permanent.

Occasionally patients have severe enough persisting problems to make them feel insecure driving at night.

(g)   There may be pain, particularly during the first 48 hours following surgery.

Complainant was also told that there could not be any guarantee as to success of this particular case. This is correct as no surgeon even a renowned one can ever guarantee the outcome of the operation performed by him.

Right eye of the complainant was operated upon on 6.1.1998 and the left on 9.1.1998. Operation was performed by Dr. Shroff. After the operation the complaint by the complainant was that he was having the problems of ghost images, distortion and after image and for that he consulted the opposite parties for treatment every fortnight and even sometime after 10 days. In the complaint though it was stated that these defects occurred in both the eyes but the complainant was unable to justify if there was any such defect in the left eye and Dr. Khetarpal, learned counsel for the complainant submitted that the defects were only in the right eye. Complainant said all these problems developed after surgery and even when he tried to wear glasses or contact lenses there was no improvement. Opposite parties however, dispute this contention and say that complainant had refused to wear glasses or contact lenses. Complainant then says he consulted various other doctors and even went abroad for the purpose. He said he was told that he had suffered central island in both the eyes which the complainant said was on account of deficiency in service and negligence in the performance of operation conducted by Dr. Shroff. Central island developed only in the right eye of the complainant. It has been explained after lasik or PRK, healing of the cornea can sometimes be irregular. A central island is one such irregularity and may be defined as a well circumscribed, usually central, circular or oval area of relatively greater corneal topographic power created within the region of reduced corneal topographic power created by Excimer laser PRK or lasik. As corneal cells (keratocytes) grow around the irregularity, the central island usually resolves without surgical intervention post-operatively within 6 to 12 months. It was stated that in 90% of the cases central island did resolve topographically by six months and in 10% cases it could be 12 months and may be after one and half years and may even necessitate a second operation.

A total correction of -9.50 D Sph. was attempted in the right eye & -5.50 D Sph. in the left eye. The patient was undercorrected by -1.50 D Sph. in right eye as an ablation depth beyond a 110 um was not desired in view of the patients activities ant the problem of haze due to scarring which could set in with deeper ablation. The approach had been explained to & accepted by the patient preoperatively.

The post operative period was uneventful. The patient was put on topical steroids, non steropidal anti inflammatory drops, antibiotics antiglaucoma medication & tear lubricants. He was assessed at one week, two weeks & then on a monthly basis.

No expert in the present case who examined the complainant has stated that Lasik could have been preferred than PRK the procedure adopted by Dr. Shroff. Mr. Gaurav Bannerjee learned counsel for the opposite parties pointed out that at the time when Laser surgery (PRK) was performed on the complainant Lasik was not available even in USA, and it was only after six months that FDA (Federal Drug Authority) of USA gave its approval. It was submitted by Mr. Banerjee that the problem which complainant felt has nothing to do with Laser Surgery performed on him and that it is more neurological problem In this connection he made reference to letter of May, 1999 of Dr. Bekar to Dr. Malcolm Mazow where he says patient complains of muscle problem* and Dr. Bekar therefore, suggested his muscle imbalance evaluation.