Orissa

Cuttak

CC/174/2021

Parameswar Rout - Complainant(s)

Versus

Chief Functionary Manager,Sai Jeevan Hospital - Opp.Party(s)

K K Rout & assocites

17 Oct 2022

ORDER

IN THE COURT OF THE DIST. CONSUMER DISPUTES REDRESSAL COMMISSION,CUTTACK.

C.C.No.174/2021

Parameswar Rout,

S/O:Amulya Kumar Rout,

At:Gobindapur,PO:Thauri,Via:Shree Baldevjew,

P.S:Mahakalapada,Dist:Kendrapara.                                                ... Complainant.

 

                                                Vrs.

1.       SAI JEEVAN HOSPITAL, represented by its Chief Functionary Manager,

                           At:Fandi Lane,Kathagola,Mangalabag,

                           PO:Buxibazar,PS:Mangalabag,Town/Dist:Cuttack.

 

2.      Managing Director, SAI JEEVAN HOSPITAL,

                          At:Fandi Lane,Kathagola,Mangalabag,

PO:Buxibazar,PS:Mangalabag,Town/Dist:Cuttack.

 

3.     Mr. Anil Routray, SAI JEEVAN HOSPITAL,

                         At:Fandi Lane,Kathagola,Mangalabag,

PO:Buxibazar,PS:Mangalabag,Town/Dist:Cuttack.

 

4.    Dr. Sushant Sena, SAI JEEVAN HOSPITAL,

                        At:Fandi Lane,Kathagola,Mangalabag,

PO:Buxibazar,PS:Mangalabag,Town/Dist:Cuttack.

 

5.   Santanu Das,Diarist,Casuality S.C.B.Medical College &

Hospital,Cuttack,At:Mangalabag,PO:Bxibazar,

Town/Dist:Cuttack.                                                               ... Opp. Parties.

 

 

Present:               Sri Debasish Nayak,President.

                                Sri Sibananda Mohanty,Member.

 

Date of filing:    28.10.2021

Date of Order:   17.10.2022

 

For the complainant:          Mr. K.K.Rout,Adv. & Associates.

For the O.Ps               :             None.

 

Sri Debasish Nayak,President.                                                               

            Case of the complainant as made out from the complaint petition in short is that on 26.8.19 at about 7.30 pm while the complainant was returning in a bike as a pillion rider, he met with an accident and had thereby sustained bleeding injuries at his right knee for which he was taken to Kendrapara District Headquarter Hospital wherefrom he was referred to S.C.B.Medical College and Hospital,Cuttack.  On 22.8.19 at S.C.B.Medical College and Hospital,Cuttack one Santanu Das instigated the complainant and his family members in order to shift to Sai Jeevan Hospital for better treatment and thereafter they were all escorted to the said Sai Jeevan Hospital that day itself by the said Santanu Das.  There at the Sai Jeevan Hospital, arrangements were hurriedly made for the operation of the leg of the complainant without the consent of the complainant or his family members and even without doing any necessary clinical tests.  There when anaesthesia was applied, the complainant lost his senses and after regaining his sense he could know that one doctor namely, Susanta Kumar Sena had operated his right leg who was identified to be the  Asst. Professor of the Department of Orthopaedic Department of S.C.B.Medical College and Hospital,Cuttack.  But on enquiry, the complainant could know that there was no ouch doctor in that name in the said S.C.B.Medical College and Hospital,Cuttack.  The complainant was discharged from the said Sai Jeevan Hospital on 2.9.19 but he developed pain at the surgical area which restricted his movement.  He was given solace by the authorities of Sai Jeevan Hospital that it will take some days to heal the wound.  Surprisingly, the pain aggravated for which the complainant had to consult the doctors of KIMS,Bhubaneswar and from the clinical tests it was detected that the operation was defective which requires fresh operation.  The complainant had to spent about Rs.1,00,000/- for his treatment at KIMS Hospital,Bhubaneswar.  The complainant could know that O.P No.3 is not a qualified doctor but at the instance of O.P no.2 he had conducted the surgery of the complainant for which the complainant became cripple.  The complainant had suffered a loss of income for one and half a year to the tune of Rs.4,00,000/- and had spent a sum of Rs.2,00,000/- towards his treatment, medicines etc.  Thus, he has filed this case claiming compensation to the tune of Rs.9,00,000/- alongwith 18% interest thereon and has further claimed his litigation cost of Rs.50,000/- from the O.Ps.

            Complainant has filed copies of several documents to prove his case.

2.         Having not contested this case all the O.Ps are set exparte vide order dt.2.5.2022.

3.         The points for determination are as follows:

            i.          Whether the case of the complainant is maintainable ?

            ii.         Whether there was any deficiency in service on the part of the O.Ps ?

            iii.        Whether the complainant is entitled to the reliefs as claimed ?

Point no.ii.

            Point no.ii being the pertinent one, is taken up first for the sake of convenience.

            From the copies of documents as annexed to the complaint petition when perused it is  noticed that as per the R.T.I application of the father of the complainant, the SCB Medical College & Hospital authorities have mentioned that there is no such doctor in the name of Susanta Kumar Sena working in the Orthopaedic Department of SCB Medical College & Hospital,Cuttack.  Annexur2 is the discharge report of Sai Jeevan Hospital which goes to show that the complainant Parameswar Rout was discharged on 2.9.19 and the consultant was Dr. Susanta Kumar Sena.  Annexure-3 the discharge summary of the complainant dt.12.9.19 from KIMS,Bhubaneswar which goes to show that the complainant was operated for his injury at his right leg but the surgical site was intermittent in nature, gradually progressive, aggravated on movement.  Discharge is purulent, blood tinged and foul smelling, patient unable to walk for which they had treated the patient.  Thus, the documents as filed specially Annexure-3 which is the discharge summary from the KIMS Hospital,Bhubaneswar, reflecting the name of the Head of the Department of Orthopaedic Professor Dr.  S.N.Mohanty and consultant Orthopaedic Dr. Debasish Mishra can be treated as the report of expert which reflects the improper surgical operation as done by the O.Ps.  From the unchallenged averments of the complaint petition and from the copies of documents as available in the case record, it is noticed that the complainant was operated at Sai Jeevan Hospital for his injury at right knee by one Dr. namely Susanta Kumar Sena who was identified to be the Asst. Professor at the SCB Medical College and Hospital at Cuttack.  The said treating doctor who had operated the right leg of the complainant, though had operated, there was improper operation administered which was defective as per the view of the subsequent treating physicians of the Orthopaedic Department of KIMS Hospital,Bhubaneswar.  The discharge certificate of the complainant from KIMS Hospital,Bhubaneswar goes to show that it was required to have a second operation because of the defective, rather faulty operation as done at the right leg of the complainant.  This indicates clearly that there was negligence and to be more appropriate there was indeed medical negligence noticed at the Sai Jeevan Hospital for which the innocent complainant had to undergo a subsequent operation and had to spent huge amount of money in order to be cured.  Still he complains to be crippled and had sustained loss of income coupled with mental agony.

            It would be worthwhile to quote here the pertinent decision of our Hon’ble Apex Court in the case of M/s. Spring M.Meadows Hospital & Another Vrs. Harjol Ahluwalia reported in AIR 1998 Supreme Court 1801 at page-13 wherein their lordships have held about the literal liability of the erring doctors for negligence.  Thus, when a doctor claims that he is competent to operate a patient being qualified in that aspect and when the said doctor fails rationally in doing his job thereby causing unusual loss to the patient, the erring doctor can be simply held to be liable under the medical negligence.  Thus, from the above discussions, this Commission is of a view that infact the O.Ps here in this case by operating the right leg of the complainant improperly without taking proper care were infact negligent in their duties and there was indeed deficiency in service as imparted by the O.Ps in this case.  Accordingly, this point goes in favour of the complainant.

Point no.i & iii.

            After going through the above discussions, when the complainant had to suffer without any fault of him, he had filed this case against the O.Ps which is ofcourse maintainable and thus he is entitled to all the reliefs as claimed by him.  Hence it is so ordered;

                                                         ORDER

            The case is allowed exparte against all the O.Ps who are found to be jointly and severally here in this case.  The O.Ps are thus directed to pay the complainant compensation to the tune of Rs.9,00,000/- with effect from 2.9.19 alongwith interest @ 18% per annum till the total amount is quantified.  The O.Ps are further directed to pay a sum of Rs.50,000/- towards the litigation cost to the complainant.  The O.Ps are further directed to reimburse all the medical expenses as incurred by the complainant while being operated and treated at Sai Jeevan Hospital and subsequently at KIMS Hospital,Bhubaneswar.  This order is to be carried out within a period of 30 days from the date of receipt of copy of this order.

Order pronounced in the open court on the 17^th day of   October,2022 under the seal and signature of this Commission.           

                                                                                                                                Sri Debasish Nayak

                                                                                                                                            President

                       

                                                                                                                                                             Sri Sibananda Mohanty

                                                                                                                                               Member