Without test report, defect acceptable

The failure to examine the IOL and check it for opaqueness was held to be contributory negligence on part of the surgeon. So it confirmed the order holding him liable

Sudhakar Chowkekar had developed a cataract in the left eye. After conducting all the pre-operative investigations, he was admitted to Bombay Hospital for surgery by ophthalmic surgeon R C Patel. The intraocular lens (IOL) that had to be implanted was manufactured by Allergan Surgical (USA) and purchased for Rs 3,200 through dealer Shivnesh Phaco & Eye Micro Surgery.

During the post-operative examination, it was found that the lens was opaque and ineffective, due to which vision diminished from 90 per cent to 30 per cent. Chowkekar was advised to undergo corrective surgery. The surgeon also informed Allergan USA's Indian representative, who