IMPORTANT POINT
Where doctor treated the patient by operation as per procedure prescribed in medical norms he could not be held for negligence merely because complication re-arose after some time and had to be rectified by same manner.

B.L. Khare, Member — This is a complaint filed by Smt. Prem Bai w/o Gangadhar Singh of village-Mangrola Tehsil-Shujalpur District-Shajapur against the opposite party no. 1 Dr. Smt. Satinder Saluja and Opposite party no.2 Dr. Paras Shrimal and Saluja nursing and Maternity Home and Ujjain Charitable Hospital for alleged medical negligence in the operation and treatment of her gynecological problem.

2. The facts of the case in brief are that the complainant was suffering

from abdominal pain and therefore she consulted the opposite party Dr. Smt. Satinder Saluja of Saluja Maternity & Nursing Home, Ujjain. On 15.7.1998

Dr. Saluja prescribed some medicines and asked to contact after 15 days. She again contacted on 29.7.1998. The opposite party no. 1 again prescribed medicines and advised to contact for review after 15 days, The complainant came to the opposite party no.1 on 26.8.1998. She was complaining pain in her abdomen and her genital parts. The opposite party no. 1 doctor advised for sonography examination. The report of ultrasonography revealed that her uterus was bulky with bilateral T.O. Masses and Pelvic Inflammatory Disease (PID) therefore some medicines were prescribed and the complainant was asked to contact after 10-12 days. When the pain did not subside she again contacted on 7.9.1998. The complainant was told that she is suffering from infection in her uterus and therefore hysterectomy operation will have to be done and uterus have to be removed. On the consent of the complainant, the operation was performed on 8.9.1998 and the infected uterus was removed. She was kept in the nursing home for a week and discharged on 10.9.1998. Her condition improved and there was no complaint therefore she was discharged from the hospital with the instructions not to lift heavy things and also to keep herself away from sexual relations for at least six months. On 13.10.1998 when the complainant contacted the Opposite Party No. l there was no complaint of any disorder and therefore routine medicines were prescribed. On 13.10.1998 and 16.11.1998 the complainant contacted the Opposite Party no. l who found that there was no complaint or disorder therefore routine medicines for general health, tonic were prescribed. It is on 28.1.1999 i.e. after four and half months from the operation she approached to the Opposite Party no. l doctor with the complaint of pain and leakage of urine from vagina. As this was a urological problem, therefore, she was referred to Opposite Party no.2 Dr. Paras Shrimal, who is an Urologist. The Opposite Party no.2 Dr. Paras Shrimal examined her and advised sonography test. The report of ultrasonography revealed that it was a small Vasico Vaginal Fistula (VVF) with simple right ovarian cyst. therefore, operation was suggested to repair the fistula. After obtaining consent, the VVF was repaired on 29.1.1999. She was kept in the Saluja Nursing Home for ten days. During stay in the nursing home there was no leakage from vagina therefore she was discharged from the hospital with the same instructions as before i.e. not to lift heavy things and also to keep away herself from sexual relationship at least for six months. After 15 days she again contacted the Opposite Party no,2 Dr. Shrimal and complained about pain in her abdomen, At that time there was no leakage from vagina and therefore the catheter which was inserted during operation was removed and the medicines were prescribed. Again on 5.3.1999 the complainant came to the Opposite Party no.2 and she did not complain about any abnormality therefore medicines were prescribed for general improvement. For six months there was no complaint. It was again on 6.9.1999, the complainant approached the Opposite Party no.2 Dr. Shrimal with the complaint that leakage of urine from vagina has started for some days before. It was again a case of repair of VVF. The complainant and her husband gave consent, therefore on 7.9.1999 the Opposite Party no.2 Dr. Shrimal repaired t