The Doctor saved from paying hefty compensation as he performed surgery per the standard practice norms.

The Doctor saved from paying hefty compensation as he performed surgery  per the standard practice norms. 

Case Details :

DR. MADHUSUDAN N. KUMBHARE V/s. BHERULAL BHIMAJI OSWAL

Case No. R.P. No.786/2016

Before :

HON. MRS. M. SHREESHA,PRESIDING MEMBER
HON. DR. S.M. KANTIKAR - MEMBER

The judgment Link :

http://cms.nic.in/ncdrcusersWeb/GetJudgement.do?method=GetJudgement&caseidin=0%2F0%2FRP%2F768%2F2016&dtofhearing=2018-11-20

Facts in short :

1. The case goes back to year January-1999. The complainant Mr. Bherulal Oswal , resident of Lonavala, approached Dr.Madhusudan Kumbhare for the treatment of right eye cataract. In due course the Catract surgery was performed in Shushrut Hospital, Pune on or about 19/01/1999 and in the same day evening the patient was discharged. 

2. On next day the patient again visited the Doctor as he had severe pain in the operated eye. The Doctor changed the dressing and prescribed Tablet Betnesol, Fluer Eye drops and gave black goggles. the Doctor assured the patient that the operation was successful and the pains will subside. However, still the pains mulptiled  now with  severe headache. There was constant oozing of sticky material from the operated eye.  Again the patient visited the Doctor. The Doctor again assured that vision will be restored in 2-3 days and prescribed some medicines and painkillers.

3. However to the dismay of the patient, pains did not stop and the vision was not restored. It was alleged that on 3rd visit, the Doctor for the first time asked the patient to check his Blood Sugar level, which otherwise is mandatory for Cataract operation. Thus there was clear cut medical negligence on part of the Doctor.

4. Thereafter as the patient had excruciating pain in the operated eye with headache, the patient and his Son approached one  Dr. Chitra Khare, for 2nd Opinion, who after examination diagnosed it as a case of Endophthalmitis with Corneal Abscess and advised for evisceration of right eye to avoid any damage to the brain.  The patient approached one Dr. Nitin Prabhudesai  who had also confirmed that the operated eye was completely damaged and refused to admit patient in his hospital.  As patient could not get admission in any hospital, as a last resort, he approached the Military Hospital (AFMC) on 29.01.1999; wherein the doctors diagnosed it as a case of Endophthalmitis.  The complainant got admitted in Military Hospital on 29.01.1999 under Col. P. G. Dash and underwent an operation, however, the doctors succeeded in retaining the eyeball, without a vision.   The complainant filed complaint before the District Forum, Pune. the District Forum dismissed the complaint on Merit. however the State forum allowed the Compliant and directed Doctor to pay Rs.3,50,000/- with 12% interest. Therefore the Doctor approached the National Forum against Compensation and patient also approached for enhancement of compensation.

5. The Doctors took defense that there was no Medical Negligence on his part. Even Dr. Chitra Khare did not state that the operation was not done properly.  Even, the discharge summary of Military Hospital did not disclose negligence during operation.  Complainant had neither filed a report from Civil Surgeon nor opinion of expert from any other hospital in Pune.  The medical record and literature did not confirm negligence of OP during or post-surgical management. 

Held :

1. The National Commission after going through the record and arguments, decided in favour of the Doctor. it was observed that the treating Doctor himself opined that it was the case of Endophthalmitis (https://en.wikipedia.org/wiki/Endophthalmitis) and  None of the   doctors opined that the injury was due to negligence during operation. 

2.While turning down the allegations of not conducting pre-operative tests, the Commission observed that We do not find more significance for not doing pre-operative sugar level, as the fitness was already given by Dr.Shirish Shrimal, the referring Doctor.

3. There was no explanation from the patient for   why and from where he has applied new pad and dressing? it was observed that in our view, due to traumatic injury to the right eye there was displacement of the lens and the above features.  We do not find any fault for advising the anti-biotics and the anti-inflammatory drug

4. It is pertinent to note that the patient sought second opinion from Dr. Chitra Khare, Dr. Tasliwal, who on examination confirmed it as Endophthalmitis with corneal abscess and opined for evisceration of right eye.   Same diagnosis was made at Military Hospital and the patient was treated there accordingly. Moreover, the complainant had failed to produce any cogent and supportive evidence from Dr. Chitra Khare/ Dr. Prabhudesai or from Military Hospital to prove his case.  

5. The Commission also observed that complainant had failed to produce any cogent and supportive evidence from Dr. Chitra Khare/ Dr. Prabhudesai or from Military Hospital to prove his case. Thus the Doctor performed the cataract surgery as per the standard practice norms. The development of endophthalmitis was due to traumatic injury. 

6. Its a sad state that after about 20 years, the case was decided. Still the aggrieved party has right to approach hon. Apex Court. It is really bad for the patient much less for any one to lose an eye sight. The case is of 1999 and in today's era the technology for Cataract surgery has changed. Still a lesson for Doctors to perform pre-op check-ups and to keep the record upto date. 

Thanks and Regards,

Adv. Rohit Erande

Pune.©