Order-25.
Date-14/09/2015.
In this complaint Complainant Sarman Mallick by filing this complaint has submitted that complainant’s wife was suffering from severe Stomach pain and she was admitted to Calcutta Medical College and Hospital bearing Bed No. 519, G.F.F. Ward of Green Fifth Floor for treatment on and from 24.02.2009 and she was there till 14.04.2009.
Complainant admitted his wife to the op no.1 with hope that his wife will recover soon and for that reason everyday he travelled from Murshidabad to Kolkata and returned back to Murshidabad and sometimes he stayed at Kolkata if he missed the last train after arranging medicines and other medical examination and collecting the report of his wife.Being a poor cultivator of a remote village of Murshidabad, complainant completely relied upon the ops for treatment of his wife.
As per advice of the ops on 26.02.2009 operation of the complainant’s wife was carried out and it was told that his wife will be cured very soon and she will be released within 15 days after operation.Complainant was directed to arrange medicines, blood and various medical examinations of his wife out of his own pocket.But after operation complainant’s wife became more serious and she was still suffering from Stomach pain as well as suffering frompost-operative complications and complainant immediately contacted with the doctors of op no.1 and all the time they gave assurances that she will recover very soon and on 8thpost-operative day it was told to the complainant that his wife developed abdominal problem and on 19.03.2009 exploratory laparotomy was done at Calcutta Medical College and Hospital op no.1 and sufferings of the complainant’s wife was unbearable and it was told that wife of the complainant had sustained common biliary leakage and by that period 5 liters of bile was drained and drain was placed and ultimately wife of complainant was referred to S.S.K.M. Hospital, Kolkata – 700020 for ERCP.
Wife of the complainant stayed in Calcutta Medical College and Hospital from 24.02.2009 to 14.04.2009 i.e. more than 47 days instead of 15 as it was told at the time of admission of his wife and during that period after operation Calcutta Medical College and Hospital on several occasions told that his wife will recover shortly and her sufferings were due to common bile leakage which was very common in open Cholecystectomy operation.
Being a poor illiterate village cultivator he blindly believed the ops but after one and half month he became tired and frustrated about the treatment of his wifeby ops and ultimately his wife was discharged from the Calcutta Medical College and Hospital on 14.04.2009 but at that time her condition was serious and she was not in a position to move alone,so at the time of discharge very few prescriptions, doctor’s note, investigation reports were handed over to the complainant and being illiterate person he failed to understand themeaning of those prescriptions and materials.
Since then till 04.03.2010 complainant visited S.S.K.M. Hospital and Calcutta Medical College Hospital on several occasions with his seriously ill wife either for doctor visit or for various medical test as advised by the doctors for which complainant had to travel from Murshidabad to Kolkata with his seriously ill wife.Apart from medical treatment since the admission of his wife to Calcutta Medical College on 24.02.2009 he had to bear the cost of conveyance, fooding and lodging at Kolkata and being illiterate village cultivator complainant failed to preserve necessary money receipt.But ultimately by SSKM Hospital he was advised for further operation of his wife and clinical notes of the doctor was that .post Cholecystectomy biliary injury with recurrent…...So, it is clear from the clinical notes that sufferings of the complainant’s wife after post operation was not due to common biliary leakage but it was caused at the time of open Cholecystectomy operation at Calcutta Medical College due to negligence on the part of op nos. 1,2 & 3.
Thereafter complainant came to his village and after arranging some money i.e. by way of loan he along with his wife went to Vellore Christian Medical College, Vellore-4, Department of Hepatic Pancreatic and Billiary Surgerywhere his wife was admitted on 04.05.2012 and after release doctors told him that his wife was suffering from Jaundice and high fever with chills and all developed after operation at Calcutta Medical College & Hospital and after treatment at Christian Medical College, Vellore doctors advised him to consult with Hematologist Department on an out patient basis and complainant and his wife stayed at Vellore.But the conditions of his wife became more serious and she was again admitted to Christian Medical College, Vellore on 20.08.2012 and after various investigations it was found that the biliary injury was caused due to abrupt cut-off of the CHD just at the level of RPSD and that is why his wife was suffering from abdominal pain, Jaundice, high fever etc. and again complainant’s wife was referred to HPB on an out patient basis and further advised for operation.
But complainant was in Vellore and he had not enough money for operation by staying at Vellore and to continue the treatment as out patient.Thereafter he admitted his wife to Christian Medical College on 03.09.2012 and was released on 08.09.2012 and lastly admitted on 28.01.2013 and she was released on 01.02.2013 but last time her condition was very serious due to severe bleeding from the abdominal dilated vain.
Thereafter complainant came back to Murshidabad with his ailing wife as he had no money and fact remains that he was financially ruined and physically and mentally exhausted.Truth is that clinical note dated 04.03.2010 by the doctor of SSKM Hospital and opinion of the Christian Medical College dated 20.08.2014 was same that there was an injury, leakage may be common in open Cholecystectomy operation but injury was caused only when there is negligence and inefficiency.
Complainant stated that since 24.02.2009 he failed to cultivate which was his only source of income and he lost all his savings and practically for the negligence of the doctors of the Calcutta Medical College and Hospital, his wife suffered biliary injury and for which subsequent complications were arisen and ultimately complainant spent huge money for laches and negligence on the part of the doctors of the Calcutta Medical College and Hospital and also negligence and carelessness on the part of ops, she suffered serious consequences and ultimately his wife died on 21.10.2013 and for the above circumstances, complainant prayed for redressal.
On the other hand op nos. 1 & 2 by filing written statement submitted that the complaint is not maintainable, complainant has not mentioned the name of the patient and what is the relation of the patient and in the discharge certificate issued by Medical College and Hospital, Calcutta filed by the complainant purported as Annexure C-1 also there was no name of the complainant and the ops also could not ascertain the Annexure which is mentioned as Annexure C-1 and regarding subsequent problem as made in the paragraph – 13 and 14, they have their no knowledge because every patient has the right to go anywhere for better treatment and regarding paragraph-15 to 17 ops are not aware of the fact,So that they have not made any comment and they have submitted that the complaint should be dismissed because it is vexatious and there was no negligence and deficiency on the part of the ops.But anyhow Dr. Tamal Kumar Chowdhury of Medical College, Kolkata even after service of notice did not appear as he already retired from service.
Decision with reasons
On proper study of the complaint and written version and also considering the argument as advanced by the Ld. Lawyers of both the parties, we find that it is a specific allegation of the complainant against Calcutta Medical College and Hospital and their doctors regarding carelessness, negligence at the time of operation of the present lady named Mrs. Bulbul Mallik, aged about 47 years who was admitted to Medical College and Hospital, Calcutta for treatment on 24.02.2009 and she was there up to 14.04.2009.
She was referred to SSKM Hospital and on 26.04.2009, she was examined by the doctors of SSKM Hospital because Calcutta Medical College and Hospital Authority had no such machine for ERCP and for which she was referred to SSKM Hospital for ERCP.ERCP was done at SSKM Hospital and was referred to Gastroenterology Department for consideration of ERCP.Thereafter no doubt complainant’s wife was treated at SSKM Hospital from 14.09.2009 and thereafter time to time she was treated at SSKM Hospital up to 04.03.2010 and doctor of SSKM Hospital advised the complainant for further operation and that was not done by the complainant and they went to Christian Medical College, Vellore-4.
Considering those medical reportsand papers submitted by the complainant, it is proved that Bulbul Mallik 47 years old was admitted to Calcutta Medical College and Hospital from 24.02.2009 to 04.03.2010 and she was treated at SSKM Hospital.It is also evident from the report of SSKM Hospital that further operation was needed and advised by the doctor but that was not done by complainant up to 10.03.2010 and thereafter there was no treatment from 07.03.2010 to 03.05.2012 that is for long 2 years.Ultimately complainant’s wife Bulbul Mallik was admitted to Christian Medical College Vellore-4 on 03.05.2012 at the age of 50 that is after lapse of 2 years from the date of last examination by SSKM Hospital on 07.03.2010 whereas when she was admitted to Medical College and Hospital she was aged about 47 years.
Considering that fact it is clear that after stopping the treatment of the wife of the complainant i.e. Bulbul Mallik for 2 years from 04.03.2010 to 03.05.2012, no treatment was taken by the lady from anywhere and no such document is filed by the complainant.So, it is clear that after her operation if there was any complication that was managed by the Calcutta Medical College and Hospital up to 04.04.2009.But at that time certain other complications were detected that is Jaundice, Abdominal testation that was also invariably cured for which after attending SSKM Hospital on 07.03.2010 complainant’s wife was not treated anywhere.
From the complainant’s own document it is clear that after lapse of 2 years from last operation in the year 2009, complainant’s wife was admitted to Christian Medical College for treatment and from the discharge summary issued by the Christian Medical College reveals that prior to admission to CMC Vellore-4, she was suffering from Jaundice and high grade fever with chill from time to time and when she was admitted to said Hospital on proper diagnosis and assessment, it was detected that she was suffering from Anemia, Jaundice, High Grade Fever Hepato-spelAscitiswith chill from time to time Hepato-spelAscitis and it was detected and considered as Carcinoma Gall Bladder and with post Biliary Strictures and ultimately she was discharged on 14.05.2012 after that she was again examined and treated on 20.08.2012.
Subsequently on 03.09.2012 she was again admitted and was discharged on 08.09.2012.Further she was admitted on 20.01.2013 and discharged on 01.02.2013 and from those reports it is clear also from those documents it is proved that at Vellore she was treated for her other ailments related to Jaundice, Carcinoma time to time sufferings from fever and in fact from all the reports of the Vellore it is proved that in most of the cases same testing i.e. ERCP and other could not be done for her low grade of hemoglobin.But in all cases after medication she was stable and subsequent to 14.05.2012 complainant’s wife went to Vellore CMC as per advice of doctor for further check-up.
So, the patient last visited to Vellore CMC on 01.02.2013.Thereafter whether she was treated by any doctor or any hospital has not been proved by the complainant.Anyhow complainant submitted the burning ghat certificate issued by Baharampore Municipality wherefrom it is found that Bulbul Mallik died on 21.10.2013 and the death was normal death.
But peculiar factor is that there is no death certificate issued by any doctor and no such death certificate issued by the doctor only to withhold the same with a purpose to file this case.If that death certificate would be placed in this Forum, in that case, it would be found that death was normal in nature and such a certificate was issued invariably by doctor otherwise Bulbul Mallik’s death certificate could not be issued by Burning Ghat Authority and on the basis of that certificate of the doctor which is withheld by the complainant, death certificate was issued by Burning Ghat Authority of death it is noted that the death was normal that means on 21.10.2013 when Bulbul Mallik died a natural death without any further suffering from any illness might be illness was there but it is general illness for which doctor issued certificate to that effect that it is natural death that is heart failure but that death certificate is withheld purposely.
Anyhow the complainant has tried to convince that death of Bulbul Mallik was caused due to negligence and deficient manner of treatment and carelessness on the part of the doctor of Medical College during treatment hours and subsequent to discharge and that is cause of death.But anyhow the allegation of the complainant in this regard is not at all substantiated in view all the fact that this complainant’s wife was discharged from Medical College and Hospital on 14.04.2009 and she died on 21.10.2013 that is long after 3 years and more.
For the sake of the argument if it is accepted that there was negligenceon the part of the doctors and there was laches on the part of the doctors in respect of management after treatment, in that case death ought to have been caused just after release.But in this case it is proved that lady died after lapse of 3 years and more.So, no reasonable and believable ground is found to come to a conclusion that the death of the present ladywas caused due to the effect of the alleged negligent manner of service on the part of the ops and at the same time no material is produced and proved to substantiate that negligent manner of operation and careless management of the ops after operation are the cause and effect of subsequent illness of the patient (Bulbul) continuously till death.
At the same time after treatment from SSKM Hospital lastly on 04.03.2010 and till 03.05.2012 the patient had never been treated in any hospital or by any doctor that means she recovered from said operational effect and problems that means the allegations of the complainant that the patient did not survive after alleged operation is proved a baseless allegation.
Moreover the treatment as necessitated for the patient at CMC Vellore on 03.05.2012 had no nexus with the operation done by the ops in the month of March-2009 and doctors of CMC Vellore nowhere in their final diagnosis observed that the subsequent ailments are caused due to disputed operation.
With our anxiety to go to the root of the matter we have minutely scrutinized all the materials medical documents of Medical College and SSKM Hospital and have gathered both the hospitals took all positive care and management during and after operation by rendering service at free of cost up to 04.03.2010 and thereafter complainant did not go to the ops for any treatment of his wife (Bulbul) after 14.04.2009.So it is proved that as because complainant had no grievance about ops he did not file any such complaint before the Forum within two years from the date of discharge of his wife from ops’ Hospital on 14.04.2009 when alleged medical negligence was completed at the moment she was discharged by the ops on 14.04.2009.
But peculiar fact is that this complaint was filed after lapse of five years and three months from the date of cause of action.So, the present complaint is no doubt hopelessly time barred but complainant did not file any application u/s 24A of C.P. Act along with time barred complaint for consideration of delay and so the present complaint is hopelessly time barred and barred by limitation u/s 24A of C.P. Act.
Further more as already pointed out that complainant has not produced any evidence of medical expert to show that there was any negligence on the part of the ops for which patient sustained any disability and or for such alleged operation patient began to suffer from several complications till her death and ultimately died but on the contrary it is proved on the basis of the documents as produced by the complainant that the patient survived after said operation and she was fit for about two years and more since her discharge from the ops.
So, it can safely be said that alleged operation was not a failure and time of treatment was as per medical norms and there was no failure of taking precautions and in fact extra ordinary precautions were taken to present any untoward event during operation and after operation when it is admitted position that due to surgery certain wear and tear may be caused for which certain standard of case should be taken and in fact that was taken by the op by referring the same to SSKM Hospital who gave all medical support and ultimately the patient survived and returned to home and after that for about more than two years she passed her days without any major treatment that means treatment made by the ops responded favourably for which she did not require any further treatment for two years and more.
Above all in the present case the materials as produced by the complainant are not at all sufficient to draw any inference as to negligence of the ops.At the same time long period of stay of the wife after admission and operation in the ops hospital is not a good ground to hold that there was negligence on the part of the ops but period of stay varies from patient to patient and also the general condition of the patient and her body system.But in the present case it is proved that the Medical College & Hospital Calcutta treated the patient and referred to SSKM Hospital for ERCP.On the ground at the relevant time hemoglobin of the patient was varying and to detect other diseases ERCP was necessary after such operation and controlling the situation of the complainant’swife also.
Fact remains that after treatment taking from SSKM Hospital on the half-way when the SSKM Hospital directed to collect White Blood Corpuscles and Red Blood Corpuscles for transfusion, they did not turn up.But even after that for long 2 years and 2 months wife of the complainant was not under treatment of any doctor and hospital.So, there is no ground to believe after the present operation done by the Medical College and Hospital, condition of the wife of the complainant begun to deteriorate and ultimately she died.
On the contrary complainant’s own document supports that her wife’s death was normal death and death certificate was not filed for some reasons, but burning ghat certificate supports that it was natural death.But whatever it may be, anyhow there is no such report from anywhere that there was any negligence or deficiency on the part of the ops for which complainant suffered from Anemia, Jaundice, Hepato-spelAscitis and in fact she was hospitalized at CMC Vellore on 03.05.2012 and was discharged on 14.05.2012 that is long after 2 years and 2 months from the date of discharge from the op’s hospital and from that treatment.
At the same time it is proved from the Medical Reports from the CMC Vellore that the lady suffered from Jaundice, Anemia and other co-related intestinal diseases and it was suspected that she was suffering from Carcinoma Gall Bladder.But that operation could not be done due to Jaundice and Anemia and there is no such medical opinion from any source that due to said operation made by the ops, Jaundice, Anemia were caused.But from the very beginning it is found that complainant was suffering from the above diseases and truth is that SSKM Hospital asked the complainant to come along with his wife on Thursday as per advice of the op dated 07.03.2010 and for arranging 5 bottles of Red Blood Corpuscles and 6 bottles White Blood Corpuscles.
But after that complainant did not go to that Hospital i.e. SSKM Hospital for getting further treatment and thereafter on 03.05.2012 complainant went to CMC Vellore and admitted his wife that is long after 2 years and 2 months that is another aspect of the treatment and there is no co-relation in between the operation done by the ops and subsequent treatment made by CMC Vellore after lapse of 2 years and 2 months.
In fact from the advice of the doctor complainant’s wifesuffered from co-relating diseases Jaundice, High Grade Fever of Chill and also from Anemia and recommendation was made by CMC Vellore, doctor to take high calorie diet, salt free diet and use only boiled cool drinking water always.So, considering all the above materials and the treatment sheet of CMC Vellore and also Medical College and Hospital Calcutta and SSKM Hospital, we are confirmed that the allegation as made by the complainant against the ops are not substantiated and at the same time the present complaint is also non-maintainable because the complaint is barred by limitation u/s 24A of C.P. Act also.
On overall evaluation and assessment of material documents, treatment sheet and the process of treatment as adopted by Medical College and Hospital Calcutta including SSKM Hospital we are confirmed that the treatment was given, service was rendered properly and finally advice of the SSKM Hospital and thereafter up to May-2012 she was quite okay and thereafter she was suffering from Jaundice, Hepato-spelAscitis, Anemia for which she was treated at CMC Vellore.
So, there was no nexus in between the treatment of the op and subsequent suffering of the complainant’s wife from Jaundice, Anemia for which we are inclined to hold that there is no reasonable and fruitful evidence before this Forum to conclude that there was negligence and deficiency on the part of the op for which this complaint fails.
Hence, it is
Ordered,
That the complaint be and the same is dismissed on contest against the ops without any cost.
