IMPORTANT POINT
Treatment given as per standards of medical practice cannot be termed as negligence.

Dr. S.M. Kantikar, Member— The outcome of the cataract surgery, usually is not caused by negligence or even poor practice. However, defending bad outcomes is rarely easy. In this complaint, the complainant, Smt. Sucheta Sanyal alleged negligence that the opposite party Dr. Meghnad Bhowmik (OP-1) Eye Surgeon, failed to recognize and treat endophthalmitis one day postoperatively (cataract surgery) which resulted in the enucleating of her right eye. The OP-1 maintained that the complainant was properly treated. The complainant contended that the OP, Dr. Bhowmik, had appropriately treated her on the first postoperative day, she would not have suffered the loss of her right eye.

2. Facts of the Complaint:

The complainant, Smt. Sucheta Sanyal, aged about 65 years is a Primary school Teacher at Rangia, Assam, (herein referred as “patient”). The Opposite Party (OP-1) Dr. Meghnad Bhowmik, an eye specialist, a resident of Calcutta used to visit and work in Alipurduar for three days a week at St Mary’s Nursing Home Opposite Party-2 (OP-2). On 17.7.2001, the complainant consulted the OP-1, who, after examination, advised cataract surgery of Right eye (Exhibit CW1/1). Further, the OP-1 expressed urgent surgery, otherwise there would be possibility of damage to the said eye. Accordingly, complainant got admitted in hospital (OP-2) and the OP-1 performed an operation at 7 pm on 18.7.2001, and was discharged at 9 p.m., on the same day. OP told her at the time of discharge, that there was nothing to worry, as it was a simple “Phaco surgery”. As a follow up, on 19.7.2001, patient visited OP-1, who removed the eye bandage, prescribed medicines and advised rest for 1½ months. Due to unbearable pain in her Right eye, on 20.07.2001, i.e. on next day, she visited OP-1 clinic at Alipurduar (Ext CW1/2), where Dr. Sankar was present in place of Dr. Bhowmik. He examined her and prescribed medication. He advised her to visit Calcutta and seek further treatment from the OP-1. Accordingly, on 24.07.2001, she visited OP-1 at Alokon Eye Centre, Calcutta. (entry made on CW1/1). The OP-1, along with a team of doctors, examined her and admitted her for cleaning of eye. She was discharged on 27.07.2001, with a diagnosis of Endophthalmitis in Rt. eye. (Discharge summery CW1/3) Thereafter, OP-1 prescribed some medication, he has not disclosed her about the seriousness and real condition of her Rt eye. Complainant returned back to her place in Assam, but her condition worsened, for which she visited OP-1 clinic at Alidurpur, on 28.7.2001, and again at Calcutta, on 4.8.2001 (CW1/4), who prescribed only medicines, but, the OP-1, did not inform the serious condition of her Right eye. There was no improvement; therefore, she was forced to consult another Eye Surgeon at Sri Sankaradeva Nethralaya Medical Research Foundation (SNMRF), Guwahati, Assam. There, it was diagnosed as post-operative Endophthalmitis, (i.e. inflammation/infection) Schleral & Limbal necrosis (death of part) and conjunctival sloughing (shedding of skin) The prescription dated 05.09.2001 and 07.09.2001 (Ext CW1/5 and CW1/6) of Sankaradeva Nethralaya and the case summary mentioned about complete damage to Right eye, and also there was Schleral & Limbal necrosis which needed surgical removal. Accordingly, she was advised for surgical removal of the eye and other risk factors to her life.

3. Thereafter, the Complainant, again visited the OP Doctor on 10.09.2001, but he turned a deaf ear to the findings of Sankaradeva Nethralaya and told the Complainant to continue the medicines, as he prescribed. With an apprehension of the foul play of Dr. Bhowmik(OP-1), and since her condition of eye was worsening, she visited Dr. Amal Deb, a Senior Consultant Ophthalmologist, Retina Specialist, IOL & Phaco Micro Surgeon at Cooch Behar, on 11.09.2001. On examination, he informed her that in Phaco-surgery, there should be no stitch in the eye, whereas, a stitch was observed in her Right eye. He further told