Document Fragment View

Matching Fragments

DATED : 07/AUGUST/2018 PER :- HON'BLE SHRI JUSTICE R.S. SHARMA, PRESIDENT.

This appeal is directed against the order dated 18.04.2018, passed by District Consumer Disputes Redressal Forum, Rajnandgaon (C.G.) (henceforth "District Forum") in Complaint Case No.187/2017. By the impugned order, learned District Forum, has dismissed the complaint of the complainant. 2 Briefly stated the facts of the complaint of the complainant are that, on 08.09.2015, the eyes of the complainant was examined at Christian Fellowship Hospital, Chandmari, Rajnandaon. During the examination, it was found that the cataracts in both the eyes of the complainant, were ripen, therefore the operation is required be conducted. Accordingly on 09.09.2015, the operation of right eye of the complainant was conducted by Dr. Thomas Abraham, // 2 // whereas the complainant informed there is problem of less vision in his left eye and there is problem in his right eye. After conducting operation of right eye of the complainant by Dr. Thomas Abraham on 09.09.2015, the complainant was discharged on 10.09.2015 and came to his Village. After operation, the complainant was unable to see through his eyes, whereas prior to operation the complainant was capable to read the newspaper and do his daily works. On being contacted to Dr. Thomas, it was told that after some days the complainant will be able to see, but inspite of lapse of period of one month , the complainant was unable to see anything. As per the instructions of Dr. Thomas, the complainant went to M.G.M. Eye Institute, Raipur for treatment of his eye, where after examination he came to know that the cataract of the eyes were not ripen, pre-mature operation has been conducted. The back retina of the eye was weak and it cannot be cured. The operation was conducted negligently and the complainant will not see and the vision of the eye, was lost. Thus, inspite of lapse of 3-4 months of the operation, the complainant was unable to completely see. The complainant became incapable to do agricultural work and to do any other work physically. On 11.01.2016, the complainant made complaint before the Collector, Balod through Jandarshan to the effect that inspite of operation he is not able to see anything. On 12.01.2016 again the complainant submitted second application to the Collector, Balod through Jandarshan. The Collector, Balod sent memo on 15.01.2016 to Chief Medical & Health Officer, Balod to make investigation in the complaint submitted by the complainant before him. As per order of the Chief Medical Officer, Balod, the Eye Specialist examined the complainant on 15.01.2016 and found that the vein of the eyes were broken // 3 // and the complainant was referred to Medical College, Raipur for better treatment, where after examination it was found that there is partial optic and optic atrophy. Due to negligent act of the O.P., the vision of the right eye of the complainant was lost. Hence the complainant has filed the instant complaint before the District Forum and prayed for granting reliefs as prayed by him in the complaint.

3. The O.P. has filed his written statement and denied the allegations made by the complainant against him. The O.P. averred that posted as a Director in The Christian Fellowship Hospital and he is providing his services in the above hospital as a doctor in Eye Department. In the above eye hospital, there are three visiting doctors and one consultant doctor. The treatment is given by the team posted at Eye Department. The appointment of one doctor is permanent. The above hospital is organizing camp for the treatment of the eyes. In the above hospital, there is an opthalmologist. The Christian Fellowship Hospital is an old and reputed private hospital of Rajnandgaon. In the eye hospital, four types of facilities are given i.e. paying, cash, smart card, cost of free etc. From the free of cost patients, no amount is taken from them. Prior to the operation and after registration, necessary test is done and thereafter the patient is selected. The patient, who is selected in the test camp / screening camp is given consultation, when he present in the hospital. The screening camp is organized because the Government is not supplying the protocol in the camp. After coming in the hospital, the Eye Specialist, is conducting operation of the patient. There is facility of admission, medical laboratory, O.P.D. and I.P.D. in the hospital. There is modular operation // 4 // theater, in which there is also facility of room, changing room, scrub area, recovery room. In the hospital the recognized and qualified expert doctor are providing their services. In the hospital medical laboratory is available in which the facility of medical test and all other diagnostic test, which is done by Pathologist. The patient was got admitted in the Hospital and prior to operation test of sugar, blood pressure, allergy test, urine test, B. Scan test and other routine tests were done. The eye specialist is having qualification and specialty for conducting the operation and is registered and recognized doctor. Dr. Shashank Sen, M.S. / Opthalmology is posted at Eye Department and Dr. Rohit Dilavari, is Visiting Consultant, who are doing their work successfully. Prior to operation, in the supervision of the Hospital management and the doctor, the fumigation of the Operation theater was done and the operation theater had became infection less. During the treatment of the complainant, no negligence was committed by the O.P. The treatment of the patient was done according to the prescribed medical procedure. The proper decision was taken in the circumstances at that time. The patient and his relatives are properly explained regarding the actual circumstances and thereafter treatment, is done. The complainant took treatment from Dr. Pradeep Jain on 16.05.2015, who clearly mentioned in the prescription slip that the complainant is having Pin RE 6/12 meter and Pin LE 1 meter and there is problem in retina of left eye. On 08.09.2015, the complainant came to The Christian Fellowship Hospital, Chandmari, for test of his eyes where eyes of the complainant was examined and after examination, it was found that the cataract of the right eye of the complainant is more ripen than the cataract of left eye and the problem in the // 5 // retina of the left eye. The retina of the right eye is not clearly seen, therefore, the doctor has advised that there is possibility of the vision. The doctor also made clear that after removal of the lance and after conducting test, the status can be informed. After informing the complainant regarding the above fact, and obtaining his consent the doctor conducted operation on 09.09.2015. After operation when it is found that there is no improvement, then the complainant was directed by the doctor to pour the drop in his eye so that vision of the eye be maintained. The Christian Fellowship Hospital has only conducted operation of the cataract of the complainant. The complainant has suppressed this fact that on 03.10.2015 he went to M.G.M. Eye Hospital, Raipur for examination where parimetry test was done. In the above examination it was found that there is dryness in the vein. The cataract operation of right eye of the complainant was successfully done by the O.P., due to which he is in position to go to Court, to put signatures. If the cataract operation the complainant was not done and proper consultation was not given, the complainant would have unable to see anything from his eyes. The O.P. explained all facts to the complainant and after getting his consent, on 09.09.2015 his operation was conducted which was successful. The O.P. did not commit any act, which comes in the category of negligence. The complainant is taking treatment from Dr. Bhattacharya from 27.12.2016 till date. On 14.01.2016, the eye specialist examined the complainant and found that he was able to count the finger from the vision of the right eye and in the left eye 6/24 meter vision was found. In the above examination, no adverse effect or complication of the cataract operation of right eye was found. The condition of // 6 // the defect of the retina (dryness of vein) was made clear. The eye specialist referred the complainant to Medical College, Raipur, where test and C.T. Scan was conducted in which it was found that the vein of both the eyes became and partly the vein was dried, regarding which prior to operation, the Christian Fellowship Hospital informed to the complainant. According to the complaint, the cataract operation of the complainant was conducted on 09.09.2015, whereas the instant complaint has been filed on 19.09.2017, which is time barred and is not maintainable. The complainant has filed false and frivolous complaint before the District Forum. The complaint is liable to be dismissed with compensatory cost to the O.P.

5. The O.P. has filed documents. Document No.1 is Patient Record issued by The Christian Fellowship Hospital, Rajnandgaon, document No.2 is Registration Slip dated 09.09.2015, prescription slip dated 16.05.2015 issued by Dr. Pradeep Jain.

6. Learned District Forum, after having considered the material placed before it by the parties, has dismissed the complaint of the complainant.

7. Smt. Kanaklata Tiwari, learned counsel appearing for the appellant (complainant) has argued that on 08.09.2015, the complainant went to The Christian Fellowship Hospital, Rajnandgaon for examination of his eyes. During examination, the doctor told the complainant that his both eyes were having cataract and the operation is required to be done. On 09.09.2015, the // 8 // cataract surgery of right eye of the complainant was done by Dr. Thomas Abraham whereas the complainant had informed the doctor that the complainant was suffering from less vision in his left eye and problem in his right eye. The operation of right eye of the complainant was done 09.09.2015 and the complainant was discharged from the hospital on 10.09.2015. After operation, the vision of the complainant was lost and the complainant was completely unable to see anything from his eyes, whereas prior to the operation, the complainant was capable to read newspaper and do his daily works. The complainant again contacted to Dr. Thomas Abraham after some days, who assured the complainant that after some days, the complainant will be able to see everything, but vision of the complainant was lost and he was unable to see anything. Then, the complainant went to MGM Eye Institute, Raipur for treatment of his eyes where he came to know that the contracts of his eyes were ripen, even then the operation was conducted by the O.P. The back retina (parda) of the eye was weak and it cannot be cured. The O.P. negligently conducted the operation and due to negligence of the O.P., the vision of the eye of the complainant was lost, on account of which the complainant became completely blind. The complaint made complaint against the O.P. to the Collector, Balod, who sent letter to Chief Medical and Health Officer, Balod (C.G.), Balod, who sent letter to Chief Medical and Health Officer, Balod (C.G.) for making investigation in the matter. Thereafter the Eye Specialist of District Hospital, Balod, examined the complainant and gave his report, in which it is mentioned that vein of the eyes were broken and the complainant was referred to Medical College, Raipur for better treatment where it is found that there is // 9 // partial optic and optic atrophy and due to negligence of the O.P., the vision of the eye was lost. Therefore, the complainant is entitled to get compensation from the O.P., as prayed by the complainant in the complaint, but learned District Forum, has erroneously dismissed the complaint of the complainant without consideration the documents filed by the complainant, hence, the appeal filed by the appellant (complainant) may be allowed and compensation may be awarded to the complainant, as prayed by him in the complaint.

8. Shri R.K. Bhawnani, learned counsel appearing for the respondent (O.P.) has argued that the respondent (O.P.) is posted as director in The Christian Fellowship Hospital, Rajnandgaon and he is providing his services in the above hospital in Eye Department. In The Christian Fellowship Hospital, Rajnadgaon, there are three visiting doctors and one consultant doctor in the Eye Department. The appellant (complainant) was examined by the team of doctors. The Christian Fellowship Hospital, Rajnandgaon is an old and reputed hospital of Rajnandgaon. The problems were explained to the complainant and consent was obtained from the complainant and thereafter the operation was conducted. The complainant was suffering from Glaucoma, which is not curable. The complainant was properly explained that cataract of right eye is more ripen a vision of eye is depend upon the circumstances of the retina. After obtaining proper explanation from the O.P., the complainant gave his consent for operation. The complainant was suffering from Glaucoma, therefore, if any, vision of the eye of the complainant was lost, the complainant himself is responsible for the same. The complainant has utterly failed to prove that the respondent (O.P.) has committed any medical negligence, therefore, the // 10 // impugned order passed by the District Forum, is just and proper and does not call for any interference by this Commission.