:    FINAL ORDER    :

DATE OF FILING :  10.05.2016

ORDER No.    27    

DATE. 18.08.2017    

Shri Asoke Kumar Das – President

            Complainants’ case in short is that due to some physical problem he went to the chamber of Dr. Samir Choudhury on 28.12.2015.  As per advice of Dr. Chowdhury the complainant did some pathological tests such as USG, blood test etc. and took some medicines.  Dr. Chowdhury advised the complainant for some surgery after going through his pathological tests report.  On 11.01.16 the complainant got himself admitted at Chapra Seva Sadan Nursing Home (OP 1) after depositing Rs. 10,000/- and Dr. S.A. Gaffar (OP 2) did appendectomy (surgery of appendix) of the complainant in the said Nursing Home and on 14.01.2016, the complainant was discharged from the said Nursing Home although he was not fully cured.  He felt severe pain into his abdomen on the very date of his discharge and on 15.01.2016, he went to Dr. K.R. Biswas (Pro-OP 1), who advised him for blood test.  On 15.01.16 the complainant tested his blood.  Dr. K.R. Biswas (Pro-OP 1) perused the blood test report and advised the complainant to admit in the Hospital for better treatment.  Accordingly the complainant took admission in the District Hospital, Nadia at Shaktinagar on 15.01.2016 but for want of service he took admission at Glocal Hospital, Krishnagar (OP 2) on 15.01.2016 after taking discharged from District Hospital.  Several pathological tests of the complainant were done there and on perusal of the reports the medical officer of pro-OP 2 told him that he was suffering from gaseous distension of bowel loop seen and dilated gut loops.  On 17.01.2016 OP 2 discharged the complainant and referred him to higher centre for better treatment.  Thereafter, the complainant took admission at Nil Ratan Sirkar Medical College and Hospital and their his exploratory laparotomy was done and complainant was discharged therefrom on 31.01.2016.  It is alleged by the complainant that Dr. S.A. Gaffar (OP 2) did not do the surgery properly and due to his negligent act of surgery the different abdominal organs of the complainant got damaged and infected and as OP 2 did not stitch the cut of his surgery, air was coming out from his abdomen and the stitch was also gangrened which prevented him to lead a normal life.  Hence this case.  The complainant has prayed for a direction upon OPs to pay him Rs. 8,00,000/- and Rs. 1,00,000/- towards compensation and Rs. 15,000/- towards litigation cost. 

            The OPs 1, 2 & pro-OP 2 have resisted this case by filing separate written versions denying and disputing, inter alia, the claim and contention of the complainant with prayer for dismissal of the case with cost. 

The specific stand of the OP 1 & 2 is that the complainant was admitted in the Nursing Home i.e., the OP No. 1 on 11.01.2016 under Dr. S.A. Gaffar (OP 2) and he was discharged from Nursing Home on 14.01.2016 after undergoing operation of appendectomy (surgery of appendix) and he was discharged in stable condition and that feeling pain after operation at surgical area is a common thing which needs time to hill up and after discharge from Nursing Home the complainant never turned up to OP No. 2 and that the complainant was suffering from Gaseous Distension of Bowel Loop and OP No. 2 never provided any treatment to the complainant for his said disease and that there was no negligence on the part of OP No. 2 for providing treatment to the complainant.

The specific stand of the pro-OP 2 is that there was no deficiency in service in treatment on their part and that after going through several pathological tests of complainant their medical officer discharged the complainant on 17.04.2016 and referred him to higher centre for better treatment as the condition of the patient was serious and they had no sufficient surgical instruments. 

POINTS FOR CONSIDERATION

1. Is the case maintainable?
2. Is the complainant a consumer?
3. Are the OPs liable for deficiency in service and or negligence in service as alleged?  
4. Is the complainant entitled to get the reliefs as prayed for?

DECISION WITH REASONS

            All points are taken up together for consideration and decision. 

            After due consideration of entire materials on record i.e., the petition of complaint, the written versions, the evidence adduced by the parties, the documents filed by the parties, the BNA and all other relevant materials on record and after due consideration of oral arguments advanced by the Ld. Lawyers of both sides, we find that the petition of complaint has been filed within the period of limitation of two years and that this Forum has both territorial and pecuniary jurisdiction of to hear and to dispose of this case.  Admittedly, the complainant is a consumer of OP 1 & 2.

            Now from the medical papers filed by the complainant and the evidence adduced by the side of the complainant, we find that Dr. S.A. Gaffar (OP 2) only did appendectomy i.e., surgery of the appendix of the complainant after going through his pathological test reports such as USG, ECG, blood etc. at Chapra Seva Sadan Nursing Home and he was discharged from Chapra Seva Sadan Nursing Home on 14.01.2016.  It is alleged by the complainant that on 14.01.2016 he felt severe pain into his abdomen after surgery and on 15.01.2016 he did some pathological tests as per advice of Dr. K.R. Biswas (pro-OP 1) and as per his advice he took admission in the District Hospital, Nadia on 15.01.2016 and on that very date he took discharge from the district Hospital, Krishnagar and took admission at Glocal Hospital, Krishnagar wherefrom he was discharged on 17.01.2016.  We further find that he took admission at NRS Medical College and Hospital on 17.01.2016 wherefrom he was discharged on 31.01.2016 in stable condition.  From the discharge summery of Glocal Hospital, Krishnagar and discharge certificate issued by NRS Medical College and Hospital we find that no complicacy developed and no surgical jaundice/clinically infective hepatitis was found in the body of the complainant while he was admitted at Glocal Hospital at Krishnagar and at NRS Medical College & Hospital and that no perforation was found in the surgical area of the complainant after thorough search and after opening his abdomen at NRS Medical College & Hospital only air came out and he was released therefrom on stable condition.  So it is clear that the medical papers especially the discharge certificates issued by the Glocal Hospital at Krishnagar and NRS Medical College and Hospital, Kolkata are not supporting the allegations as made by the complainant against OP No. 1 & 2 in the matter of negligence of treatment.  That apart the complainant has neither filed any expert report nor examined any expert doctor to prove his allegation of negligence of treatment against OP 1 & 2.  The complainant could not produce any document to show that gangrene was formed in the stitch of his abdomen and different organ of his body got damaged due to alleged negligent treatment of OP 2, Dr. S.A. Gaffar. 

            In this view of the matter, we find sufficient reason to hold that the complainant has hopelessly failed to prove his case and his allegations as made against the OPs.  Accordingly we find and hold that the OPs are not liable for deficiency in service or negligence in treatment as alleged by the complainant and as such the complainant is not entitled to get any relief in this case.  All points are disposed of.  In the result the case fails. 

            Hence it is,

Ordered,

            That the case/application stands dismissed on contest against the OPs without cost.

            Let plain copy of this final order be supplied to the parties / their Ld. Advocates / agents forthwith free of cost or send by ordinary post.