This is an application u/s.12 of the C.P. Act, 1986.

          Complainant by filing this complaint submitted that sometime in the first part of August, 2012 the complainant suffered from pain in his upper abdomen and as per advice of his family physician to consult with an experienced surgeon went to the OP1, Apollo Gleneagles Hospital on 18.08.2012 and on the day of first visit OP2 examined the complainant and after examination advised for admission in the Hospital for the purpose of performing several tests and required treatment to be done on consultation of the test reports.

          According to the said advice complainant was taken to the OP1 hospital by his father and admitted there on 18.08.2012 under Dr. Nipanjan Ghosh, the OP2 in General Surgery Unit and several pathological and radiological tests were done in the Department of Lab Services of Haematology, Biochemestry, Serology and in the Department of Radioilogy and Ultrasound in the OP1 Hospital on the same day and on consultation of all reports especially the USG of whole abdomen in which no abnormality was detected and OP2 told to the complainant and his father that since there was no significant abnormality in the main organs such as liver, portal vein, gall bladder, CBD, spleen, pancreas, kidneys, retro peritoneum, ureters, urinary bladder, prostate and right iliac fossa, the cause of pain should be due to appendicitis and it should be removed by operation and as per O.P..2’s suggestion the father of the complainant told for such operation and laparoscopic appendecectomy was done by the OP2 under general anesthesia.

          Although after performing the operation the OP2 told that within two days of laparoscopic operation the complainant would be discharged but the complainant started feeling some problem and suffered from fever with profuse vomiting as a result of which the date of discharge schedule was stopped.  On 21.08.2012 and 22.08.2012 subject to several pathological tests ad sinology of whole abdomen as well as whole abdominal CT Scan of complainant reports revealed abdominal collections at multiple sites especially in the pelvis and condition of the complainant’s condition became critical and the CT guided drainage was done to clear the collection in the abdomen and on query of the complainant’s father doctor told that there was no bacterial infection and the patient would improve within a day and several other pathological tests were done in the OP1 Hospital to assess the postoperative assessment.  Despite said corrective measure the condition of the complainant did not improve as the high fever continued.

          It is specifically mentioned that at the time of laparoscopic surgery the OP2 did not feel it necessary to provide for any drainage for passing abdominal collection for which the complainant’s condition deteriorated with the collection of pus in the abdomen which led to infection and as a  result of the complainant suffered from high fever and the OP2 on query told the complainant’s father that in order to eliminate the cause of fever Dengue Serology test was advised which would be available after a period of one week.  That on 25.08.2012 i.e. the day before the discharge the complainant’s father asked Dr. N. Ghosh the cause of continuation of the fever when the doctor denied internal infection or such related outcome of the surgery and told there was no surgical problem, the fever might be the cause of Typhoid or Dengue and discharged without blood report in respect of the said suspected disease but asked the complainant’s father to collect after at least two days.

          Most surprising factor is that even after persistence of high fever and abdominal infection of the complainant OP.1 and OP.2 in the midway of treatment discharged the complainant on 26.08.2012 stating condition in the discharge certificate as stable which is far from reality and at the time of handing over the discharge certificate final bill was issued amounting to Rs.1,57,000/..  During the period of admission and discharge the family members of the complainant had to incur an expenses of Rs.15,000/. as conveyance charge and it is surprisingly noticed that as many as 204 heads of pharmacy materials between the period from 18.08.2012 and 25.08.2012 had been utilized for the treatment of the complainant which are next to absurd on the ground there must be some limit for any patient to consume the drugs and medicines within a specified time otherwise the patient may suffer huge loss owing to excessive overdose of medicines and drugs and might be the OP hospital in order to fetch money from the complainant handed over the inflated bill and recklessly in administered medicines without at all thinking the future of the patient which are nothing but unfair trade practice.

          Fever of the complainant sustained even after release from the hospital and at early night of 27.08.2012 the complainant started again vomiting and finding no other alternative at night hours complainant was taken to Dr. TapanJyoti Banerjee on 28.08.2012 at Kalyaniwho on examination opined that due to continuous collection of pus in abdomen the complainant got septicemia and he was fighting with death and Dr. Banerjee after examination advised the complainant to be admitted in Care & Cure Hospital at Barasat for immediate curative operation to discharge the huge collection of puss in peritoneal cavity to save the life of the patient and the reason of visiting other doctor was that the OP.5 did not think it at all necessary to advise any further drainage of collection of puss in the abdomen, if occurred.

          As per advice of Dr. T.J. Banerjee, the complainant was admitted in Care & Cure Nursing Home on 28.08.2012 and intravenous high dose of antibiotic during the next 48 hours could not improve the condition of the patientso Dr. Banerjee had to open the abdomen vertically to save the patient from septicemia by doing exploratory lapectomy under G.A. on 31.08.2012 and discharged on 13.09.2012 and during the period of admission several tests were done in the Care & Cure Nursing Home and it was due to endeavour of Dr. T.J. Banerjee complainant’s life was saved.

          It is to be mentioned that for second operation complainant spent Rs.54,950/., Rs.91,250/. and Rs.16,500/. for different purposes.  That a very strange phenomenon is that when the patient had been at Cure & Care Hospital with serious condition the test report of blood was collected from Apollo Gleneagles Hospital and it was found Dengue whereas the platelet count of blood at the same date was too adequate and this is the blunder of the Apollo Gleneagles Hospital.

          In the above situation complainant had to submit that he was discharged in most unstable condition and the infection of the complainant was due to the lack of adequate post.operative care on the part of the OP.1 and 2 Hospital by not taking care to disinfect the infection before discharge and OPs have miserably failed to discharge their duties though the patient before admission the complainant had no history of any infection and so any infection that the complainant got during the period of stay should be termed as Nosocomial infection and should be treated by the OPs and due to such negligent and deficiency manner of service and for negligent manner of treatment practically complainant suffered much and also spent huge money and at the same time complainant has lost his stability of physical health and for the above reason for medical negligence and also for unfair trade practice on the part of the OPs complainant has filed this complaint for compensation and also for relief.

          On the other hand, OP.2 Dr. Nipanjan Ghosh by filing this complaint has submitted that entire complaint is false and fabricate and in this regard the opinion of medical expert of specialized field must be collected before decision by the Forum and without the expert opinion it would not be possible for the Forum to decide the matter further.

          It is further submitted that complainant had already initiated a proceeding before the West Bengal Medical Council for the self same cause of action for which the present complaint is not maintainable.

          It is admitted by the OP2 Dr. N. Ghosh that complainant Mr. RudraChakraborty came to the emergency department of OP1 on 18.08.2012 morning with complain of pain in the right lower abdomen and vomiting and OP.2 examined him in the emergency department and as per diagnosis it was diagnosed acute appendicitis and after stabilizing the patient by giving intravenous fluids, antibiotics etc. and after some relevant investigations he performed such operation after taking consent of the patient and his father and he safely removed the appendix and made a thorough peritoneal lavage and suctioned all the inflammatory and purulent fluid and the operation was uneventful. Postoperatively the patient was recovering well over the next two days, his intravenous fluid was stopped and he was taking normal diet and was ambulant and hence he decided to discharge him on the third post operative day.  But on 21.08.2012 at the time of discharge patient was found suffering from fever 101^o F and vomiting as such discharge held up and discussed with his parent about the condition of the patient and thereafter, further investigation started on him by giving higher intravenous antibiotics and arranged for contrast enhanced CT scan of whole abdomen on 22.08.2012 to satisfy if there was any intra abdominal infection but CT Scan revealed multiple small loculatedintraperitoneal fluid collections and no other abnormality, in the same sitting, in the radiology suite nature of the collections were serious and the culture of the fluid revealed no growth of bacteria after three days of incubation and over a period of three days i.e. on 25.08.2012 his stress were remedied when the volume was less than 10 ml and the nature of the fluid was serous and patient showed signs of improvement clinically, his abdomen was found soft, non distended, non tender, and his peristaltic sounds were normal and he was given normal diet and was passing stool, his chest wasnormal, there was no urinary symptoms, his legs were normal, histopathology report of appendix came out to be recurrent appendicitis but the only problem that was persisting was low grade fever and occasional vomiting and as the patient was stable and the cause of the fever could not be explained surgically.  So, started to look for any medical causes of fever and the patient was feeling much better and was requesting discharge from the hospital repeatedly.  So, he decided to discharge him on 26^th August, 2012 with prescription of oral antibiotics and antiemetics and mild pain killers in discharge advice and with strict condition and advice, that the patient should contact him as and when required if he experiences any problem at post.discharge.  OP2 has further submitted that at the time of discharge he advised his father to contact him with the report of dengue serology at his OPD on the next day and on the next day the brother of the patient visited at his OPD with the report, which was reactive for igG and it is mentioned that Dengue was very rampant in Kolkata at the relevant time as the patient was positive for Dengue serology and accordingly it can be concluded that the cause of fever might be due to Dengue and advised him to consult a physician for further treatment as necessary for Dengue and in this regard original discharge summary and test reports are in the custody of the complainant which will reveal the truth of the submission of the OP2.

          Fact remains after discharge from the hospital patient did not follow the advice of the OP2.  Neither the patient nor his family members consulted or informed him about the progress of the patient’s condition.  Moreover the, the OP2 has submitted that entire case is false and fabricated and truth is that with a sole motive of harassing the OPs this case is filed initially before Ld. District Forum, North 24.Parganas, Barasatbeing No.CC.462 of 2012 and after dismissal of such complaint the present complaint is filed.  So, the present compliant is not maintainable and the entire allegation of the complaint is false, fabricated and vexatious for which the present complaint should be dismissed.

          On the other hand, OP1, Apollo Gleneagles Hospital by filing separate written statement submitted that the allegation as made in the complaint is without any foundation and it must be proved by expert evidence and by producing such document negligence on the part of the OP1 ought not arise.  Moreover, the serology test was done on 25.08.2012 and the report was submitted on 27.08.2012 and it will simply be prove that he was suffering from Dengue for which he was advised to take help of local physician but after discharge from hospital he was not unstable, he was discharged with stable condition and the infection as alleged was due to the lack of adequate care on the part of the OP1 is completely false and fabricated.

          Nowadays, people are much more interested in having Forum Shopping and further the allegation of taking extra money by noting of medicine is completely false.  All medicines were supplied as per prescription of the complainant and it was prescribed by the hospital authority. Lastly, it is submitted that complainant has approached before this Ld. Forum with ill intention, there is no medical negligence, deficiency of unfair trade practice on the part of the OP1.  In the result OP1 also prayed for dismissal of the complaint.

Decision with Reasons

On an in.depth study of the complaint and the written version and also considering the arguments as advanced by the Ld. Lawyers of both the parties including the documents filed by the parties it is found        that it is the undisputed fact that Mr. RudraChakraborty, 25 years male was admitted to Apollo Gleneagles Hospital on 18.08.2012 and discharged on 26.08.2012 and treating doctor was Dr. Nipanjan Ghosh, General Surgeon and fact remains as per discharge summary issued by Apollo Gleneagles Hospital it is clear that RudraChakraborty was admitted with a history of vomiting and Anorexia for one day and after diagnosis it is finally diagnosed that it was a case of acute appendicitis.  Accordingly, Dr. Nipanjan Ghosh did operation and procedure adopted –appendix freed of adhesion from adjacent structures.  Mesoappendixdiathermised with bipolar diathermy and cut appendix skeletonised till base. Base ligated with endloop twice proximally and cut.  Further thorough peritoneal lavage given with N.S. complete haemostasis achieved.  Appendix removed through umbilical port.  Umbilical port closed with 1.0 vicry1.  Skin with 3.0 Monocry1.

          From the said discharge summary it is proved that on 3^rdpost operative period at the time of discharge the patient started having fever 102^o degree with tachycardia and vomiting.  Discharge was held up.  Whole abdominal collections at multiple sites, largest in volume was in pelvis.  A CT guided percutaneous drainage of sero sanguineous collection done it revealed no bacteria on Gram stain and C/S report after 3 days revealed no growth.  The patient showed improvement clinically.  The patient was discharged in a clinically and haemodynamically stable state.  HPE of appendix revealed recurrent appendicitis.  From the said report it is clear that the fever of the complainant was 102^o degree but at this stage the complainant was discharged by the doctor with advice to on follow up to collect dengue serology and Typhi DOT M test report review at SOPD after one week

          Fact remains before discharge on 26.08.2012 blood for Dengue Serology was collected on 25.08.2012 by the said hospital and report was placed on 27.08.2012 and from that report it was found that the Dengue Serology test is suggestive of past or secondary infection and doctors who made such examination directed for correlate clinically.  Whatever it may be it is proved that complainant was discharged by the doctor after operation of acute appendix when he was suffered from high fever of 102^o degree.

          The main contention of the complainant is that practically doctor without giving any relief from the said fever released him without ascertaining the actual cause of fever only giving Calpol 650 mg 1 tablet thrice daily after food for 2 days and Ceftum 500 mg 1 tablet twice daily for 5 days.  With such advice complainant with his father went to his house at Kalyanithough he was feeling ill and his condition was not stable though doctor noted that his condition was stable and at the time of handing over the discharge certificate, issued by the Apollo Gleneagles Hospital a bill to the extent of Rs.1,57,000/. was paid by the complainant’s father. 

          Fact remains before discharge on 25.08.2012 when the complainant’s father asked the Dr. Nipanjan Ghosh about the cause of high fever the doctor only stated that it is not related and on outcome of the surgery but denied about any internal infection and further told the complainant’s father that there was no surgical problem, the fever might be caused by typhoid or dengue and at the time of discharge practically blood report was due in respect of suspected fever.  But complainant’s father was asked to collect the same after lapse of two days from the date of discharge.  Practically finding no other alternative complainant and his father went back to his house after discharge but the fever of the complainant continued even after discharge from the hospital and at the night of 27.08.2012 complainant again started vomiting and finding no other alternative complainant’s father and complainant went to Dr. Tapa Jyoti Banerjee, the renowned surgeon, who after examination opined that due to continuous collection of pus in abdomen complainant got inter abdominal sepsis and practically his condition was critical. Dr. Banerjee after examination advised admit him in Care & Cure Hospital at Barasat for immediate curative operation to discharge the huge collection of puss in peritoneal cavity to save the life of the complainant and the reason of visiting other doctor was that the OP1 did not think it at all necessary to advise any further drainage of collection of pus in the abdomen, if occurred.  Further considering the materials and particularly the discharge certificate issued by Dr. T.J. Banerjee of Care and Cure Nursing Home it is found that exploratory lapectomy under G.A. was done on 31.08.2012 huge annul of pus in peritoneal cavity was removed and it was accumulated on previous post operative period and practically that Dr. Banerjee is also a surgeon of Apollo Gleneagles Hospital, Kolkata and visiting surgeon of AMRI Hospital, Salt Lake and truth is that complainant’s house is at Kalyani and Dr. T.J. Banerjee also sits at his chamber at Kalyani.  So, initially when complainant suffered much pain and started vomiting on 27.08.2012 at his house as because Dr. Banerjee was available nearest to the house they went to the said doctor and Dr. T.J. Banerjee on 28.08.2012 checked up and found intra abdominal sepsis.  So, he directed them to go to nearest hospital to remove the same otherwise the situation shall be out of control and accordingly, complainant was admitted to Care and Cure Nursing Home on 28.08.2012 and truth is that after that second operation by Dr. T. J. Banerjee removal of accumulated pus in peritoneal cavity it was detected that complainant suffered from intra abdominal sepsis after first operation done by Dr. Nipanjan Ghosh of Apollo Gleneagles Hospital and practically after removal of the said accumulated pus in peritoneal cavity complainant’s fever and other problems were removed and he became fit on 02.10.2012.

          So, considering the above treatment of Dr. N. Ghosh and release of complainant with high fever with 102^o has created much doubt in our mind.  Under what circumstances even after operation and practically when complainant was suffering from high fever of 102^o how that Dr. Nipanjan Ghosh released the patient stating his status as ‘stable’.  Fact remains on the date of release no final receipt in respect of Dengue Serology was collected but even then complainant was released with high fever which appears to be highly negligence on the part of the OPs.

          In this regard we have also consulted the report of Dr. T. J. Banerjee a surgeon of Apollo Gleneagles Hospital who examined the complainant on 28.08.2012 at his chamber at Kalyani because complainant’s house is at Kalyani and said doctor found that there was intra abdominal sepsis and ultimately Dr. T.J. Banerjee also detected that the fever was due to intra abdominal sepsis.  So, he took decision to remove the accumulated pus in peritoneal cavity because at that time he was suffering from intra abdominal sepsis but a peculiar factor is that the present OPs did not take such serious steps and no intricate examination was done before discharging the complainant from the hospital and fact remains the fever from which the complainant was suffering at the time of discharge by the OP authorities it was only for sepsis which is proved from the fact on 28.08.2012 when Dr. T.J. Banerjee examined.  He after thorough check up came to a conclusion that it was intra abdominal sepsis and so, he took such steps and operated by exploratory lapectomyand huge accumulated pus in peritoneal cavity was removed and thereafter, fever was vanished and complainant recovered from all sufferings and became fit by 02.10.2012.  Now, the question is if there was any negligency on the part of the OPs, in this regard we have gone through the particular term ’sepsis’wherefrom we find that sepsis means blood poisoning but blood poisoning is a non.medical term that easily refers to medical term as sepsis and sepsis is a potentially life.threatening medical condition that is associated with an infection, the infection is signs and symptoms must fulfill a minimum of two criteria of a systemic inflammatory response syndrome.  The majority of cases of sepsis are due to bacterial infection and sepsis is to be treated within hospital by giving intravenous antibiotics and therapy to support any organ dysfunction.  It is specifically mentioned by the authors Charles Patrick Davis, MD, PhD that prevention of infection and early diagnosis and treatment of sepsis are the best ways to prevent sepsis or reduce the problems sepsis causes and prognosis depends on the severity of sepsis as well as the underlying health status of the patient in general and in fact due to sepsis pain, fever are common expression of a patient of a body including internal infection and as per said doctor’s opinion after operation if the temperature of the patient is more than 100.4^o degree in that case the said patient should be properly diagnosed and intricate medical diagnosis must be done and as per his opinion such a patient should not be released without coming down temperature within limit of 98.6^o degree.  Sepsis is a serious condition that requires hospital stay and the outlook depends on the pictorial involve and in case of sepsis the death of rate is high so quick hospitalisatin is highly required for controlling the sepsis and immediate treatment for infection can provide sepsis.  So, in the present case considering the medical opinion and authoritative books it is clear that sepsis is a serious life threatening disease that gets worse very quickly by spreading from infection throughout the body including urinary track and other places it may cause casualty also.

          After considering the discharge summary of the OP’s hospital dated 26.08.2012 and the treatment sheet of Dr. T.J. Banerjee on 28.08.2012 it is clear that complainant has been suffering from fever due to intra abdominal sepsis but OPs failed to diagnose the matter and suspected that fever for dengue but truth is that after second operation of T.J. Banerjee on 28.08.2012 on removal of pus in peritoneal cavity complainant recovered from all problems and it indicates that OPs did not give proper treatment after operation and during the period of complainant’s stay in the OP’s hospital from 18.08.2012 to 28.08.2012 OPs failed to diagnose and search out the cause of high fever of 102^o degree and OPs have failed to explain before this Forum how under such state of affairs of the patient, patient was discharged by noting stable without determining the cause of that fever.  It is evident from the fact that on 25.08.2012 blood was taken from the body of the complainant by the OP’s hospital for dengue serology but report was not collected on the date of discharge by the OPs but OP’s doctor being a responsible surgeon must not have to release such a patient in view of the fact worldwide opinion of the renowned surgeon is that after operation whatever may be the position of the patient if it is found that patient’s fever is more than 100.4^o degree in such a case without remission of fever up to that stage should not be discharged and in such a case immediately intricate diagnosis must be done by the doctors and doctor shall be satisfied that though the fever is below 100.4^o degree but in the present case without determining the cause of such high fever 102^o  degree doctor released him. It indicates that in negligent manner not only but also without applying accepted process of treatment the OPs released patient. In fact in a simple case of operation of appendicitis the present doctor failed to search out the cause of high fever but suspect it was cause of dengue and without satisfying himself about the cause of such fever the OP released him and it is no doubt an unethical practice of doctor or Nursing Home or the hospital in West Bengal and specialized doctors have specifically mentioned that sepsis is caused due to infection and in the present case the sepsis was detected by Dr. T.J. Banerjee on 28.08.2012 and it was intra abdominal sepsis and the degree of fever has not been decreased because complainant discharged from OPs hospital with sufferings from intra abdominal sepsis but doctor did not care it, did not think to determine the cause of such fever and very casually noted the condition is stable and discharged the patient on 26.08.2012 with high fever of 102^o degree that is no doubt negligent conduct of the OP’s and doctor.  It cannot be accepted even by an idiot that such a patient was released by so called doctor Dr. Nipanjan Ghosh we have also failed to understand what practice has been maintained by the OPs whether they are traders or saver of life of the patient.

          Most interesting factor is that for simple operation of appendicitis the situation of the present complainant became worse in the hands of the present OPs for their callous and unethical practice and for not discharging their skillful knowledge and experience in determining the cause of such high fever at the time of discharge.  No doubt, discharge of such a patient by the OP is uncalled for and no doubt negligent manner of service of the OP’s doctor and the hospital and others are proved.  Fact remains Dr. T.J. Banerjee is also a visiting doctor of the OP’s hospital and he is no doubt a skilled surgeon and if the complainant shall not have to meet that doctor at Kalyani Chamber on 28^th in that case the condition of the complainant would be more deteriorated and there was every chance of loss of his life and as per worldwide medical author’s book it is found that sepsis is not casual infection but a very serious disease and immediate diagnosis and treatment in that case can prevent the diseases and save the life of the patient and due to sepsis it may cause any sort of infections causing casualty of the patient.

          So, considering the entire materials on record it is found that it was the duty of the skilled doctor like Dr. Nipanjan Ghosh to the patient to give such proper treatment after operation and to take such responsibility for complainant’s treatment to recover him when the operation was a simple operation of appendicitis and most interesting factor is that the present doctor OP did not take proper step and care after operation, did not diagnose by adopting intricate diagnosis to determine why fever was at a degree of 102 and even after staying in the hospital from 18.08.2012 to 26.08.2012 and in fact no skilled doctor must have to release such a patient who have been suffering from high fever after operation and it is the bounden duty of the OP’s doctor being qualified and skilled to think over the matter before the release of the patient.  The OP must have to think over the matter why the remission of fever has not beenmade and fact remains there is no such advice in the discharge certificate that if any pus is accumulated it must be treated out but in the defence OP’s doctor has tried to convincve that fever was dengue fever and complainant was asked to examinie the blood to determine dengue serology but truth is that blood was collected on 25.08.2012 when the patient was inside the hospital and that blood was examined by the OP’s hospital and final report was submitted on 27.08.2012 that means without determining the cause of the said high fever of the complainant OP released the complainant though he was not stable and only to get rid of the liability OP’s and doctor forcibly released the patient/complainant which is evident from the fact that just after release from the hospital the next date i.e. on 27.08.2012 night complainant began to suffer from restlessness, high fever, vomiting and pain on his abdomen and forthwith on 28.08.2012 he went to Dr. T.J. Banerjee at his chamber at Kalyaniwho is also associated with the OP’s hospital and that doctor after proper examination detected that there is abdominal sepsis and forthwith suggested to admit him to Care and Cure Nursing Home at Barasat and that doctor operated again to remove the accumulated pus in peritoneal cavity and after operation complainant was relieved and his fever was decreased and  it is proved that said temperature was caused due to sepsis that means Dr. Nipanjan Ghosh of the OP’s Hospital was very casual even after observing the high fever of the complainant released him only stating that it might be caused due to dengue but it was caused due to intra abdominal sepsis which is proved from the subsequent treatment made by Dr. T. J. Banerjee.

          Considering that fact it is clear that the OP’s hospital and the doctor were reckless in treatment and their observation that the complainant became stable is completely false and fabricated and no doubt it is a breach of duties and liability of the doctor and it is no doubt negligence on the part of the OP’s doctor and the hospital authority and it is also proved that reasonable degree of care was not taken by the OP, particularly that doctor and the hospital.  Moreover, the whole conduct of the doctor and the hospital authority is no doubt proved that a low degree of care was taken and proper treatment was not given by the OPs but it was their duty not to release the complainant when fever was 102^o degree but it was the duty of the OPs to release the patient after remission of the fever below 100^o degree and after proper evaluation of the entire materials we are convinced to hold that OP’s doctor and hospital have not exercised their moral duties and did not take due care and no doubt it is a breach of duty on the part of the Ops and for which complainant suffered mental pain, sufferings including there was a chance of casualty on life.  Moreover, relying upon the subsequent discharge certificate and prescription of Dr. T.J. Banerjee it is proved that claimed as an experienced surgeon Dr. Nipanjan Ghosh did not apply his ordinary skill and special skill, did not give proper treatment and proper care after operation and at the time of discharge though no doubt the condition of the patient was not stable but even then falsely noted that patient was stable and truth is that it was the duty of the OPs to release the complainant after remission of the fever and also after considering the fact that pus has not been accumulated in the peritoneal cavity and it indicates that in a very casual manner complainant was treated after the operation and discharged though high fever persist, for which the negligence and deficiency on the part of the OPs doctor and hospital authority is well proved and no doubt the act of the OPs is a vital wrong for which complainant should be redressed and doctor and the hospital are both liable for negligent manner of service and negligent manner of treatment given by the OPs to the complainant and  at the same time it is proved that fever was not caused for Denguebut for intra abdominal sepsis and since pus was removed from the peritoneal cavity by operation by Dr. T.J. Banerjee on 30.08.2012 complainant recovered and his fever was controlled and he perfectly recovered that means the fever from which the complainant was suffering was due to intra abdominal sepsis but that was completely overlooked by Dr. Nipanjan Ghosh and complainant was released without giving the proper treatment and care by the OPs which is proved beyond any manner of doubt and negligent and deficient manner of treatment and service on the part of the OPs is well proved for which the doctor and the hospital authority are equally liable for damages and for breach of their duties and responsibilities to be given to a patient who paid huge amount for a simple operation of appendicitis.  In the light of the above observation it can safely be said that the present complainant/patient suffered for the act of the medical negligence on the part of the OPs.  So, complainant deserves compensation and damage, when after paying more than 1,57,000/. complainant did not get proper medical treatment from the OPs, so in the above circumstances for causing such damages to the complainant and for negligent and deficient manner of service rendered by the doctor and hospital against payment of huge fees by the complainant we are convinced to hold that complainant has been able to prove the allegations against the OPs beyond any manner of doubt for which the complaint succeeds.

          In the result, the case succeeds.

Hence,

Ordered

That the case be and the same is allowed on contest against the OPs jointly and severally with a cost of Rs.10,000/..

          OPs are jointly and severally hereby directed to pay a sum of Rs.2,00,000/.(Rupees Two lakhs only) as compensation for causing mental pain suffering to the complainant and for not rendering proper service to the patient even after receiving Rs.1,57,000/. as fees for such treatment and also for not giving proper care after treatment and for giving a fabricated report of stability of the complainant though complainant was not stable at the time of release.

          OPs are jointly and severally directed to pay the same within one month from the date of this order by issuing bank draft or in cash before this Forum failing which for non.compliance of the order OPs (each OP) shall have to pay penal interest  at the rateRs.200/. per day till full satisfaction of the degree and even after it is found that OPs are reluctant to comply this order of this Forum in that case OPs shall be prosecuted u/s.27 of the C.P. Act for which they shall further imposed penalty and fine.