Orissa

Cuttak

CC/136/2019

Smt. Sarswati Swain - Complainant(s)

Versus

Dr Purna Chandra Sahoo - Opp.Party(s)

G Majhi

11 Jan 2023

ORDER

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

C.C.No.136/2019

 

Smt. SarswatiSwain,                                               ... Complainant.

          W/O:LateKhageswar Swain,

          Residing at Q. No.177,LabourTenament,

          Charbatia,PO/PS:Choudwar,Dist:Cuttack.

                                                                Vrs.

1. Dr.Purna Chandra Sahoo,M.S(Surgery),F.F.A.S

(Lap-Surgery) FAIS,Regn. No.7721 Orissa)

Of E.S..Hospital,At:Choudwar,

                          PS-Choudwar,Dist-Cuttack

 

2. Kalinga Health Clinic & Research Centre,

Kalinga Chhak,Choudwar,At/PO/PS:Choudwar,

Dist:Cuttack, through its

Proprietor-Cum-Owner Kapila Nayak.            ... Opp. Parties.

 

 

Present:               Sri Debasish Nayak,President.

                                                Sri SibanandaMohanty,Member.

 

               Date of filing:     30.08.2022

Date of Order:    11.01.2023

 

For the complainant:           Ms. Gitanjali Majhi,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 her husband had visited Clinic of O.P no.2 on 22.8.17 alongwith his brother Purna Chandra Swain and had consulted O.P no.1 since because he was suffering from Abdominal pain.  On 23.8.17 after all clinical tests the doctor had opined that Khageswar Swain the husband of the complainant was suffering from “Cholelithiasis” which means bladder stone and the same required immediate surgery.  The said doctor had suggested that O.P no.1 was having master degree on “open” as well as “laparoscopic” surgery and the date for surgery was fixed to 26.8.17.  The patient was suggested that a sum of Rs.10,000/- to Rs.15,000/- would be required for the said surgery and he would be discharged after three to four hours of the surgery.  Accordingly at 9 A.M on 26.8.17 the husband of the complainant Khageswar Swain alongwith his younger brother Purna Chandra Swain and son Biswa Prasad Swain had reached the clinic of O.P no.2.  Dr.P.C.Sahoo came to the clinic at 12.30 p.m and the patient Khageswar Swain was taken to the O.T at 12.45 p.m that day.  At 3.00 p.m a nurse had showed the complainant and other inmates and visitors those who were present there, the removed stones from the stomach of Khagaswar Swain.  The doctors and so also the attendants had dispersed after the operation.  The said Dr. P.C Sahoocame to the clinic at 6.00 p.m that day evening and had disclosed that there is internal bleeding due to the surgery on the person of said patient Khageswar Swain which requires open surgery immediately.  Around 7.00 P.M that evening an Anaesthetist came who went inside the O.T but returned few minutes thereafter disclosing that the condition of the patient is serious.  A neighbour namely ArjuniSahu went inside the O.T and after coming back had informed Purna Chandra Swain the brother of the patient that Khageswar Swain is dead and Dr. P.C Sahoo who was standing there remained silent without uttering anything.  It is for this, the complainant had urged through his complaint petition that the O.Ps are all responsible jointly for the cause of death of her husband and the surgery done was not proper, the O.Ps were careless, inattentive and hasty.  The said Dr.P.C.Sahoo had taken all the payments in cash without handing over any  receipt.  The matter was reported to the police, the dead body was seized and autopsy was done.  As per the post-mortem report, the death of Khageswar Swain was due to shock, haemorrhage as a result of which massive intra-abdominal bleeding had arose as a complication of a laparoscopic gallbladder surgery.  Thus it is urged by the complainant that her husband had died due to the negligent and callous act of the O.Ps no.1 & 2 for which she has filed this case alleging against the O.Ps for their deficiency in their service and claiming a sum of Rs.18,00,000/- from the O.Ps towards the loss of the life of her husband, another sum of Rs.1,00,000/- towards her litigation expenses and further a sum of Rs.1,00,000/- towards her mental agony and harassment.

          The complainant together with her complaint petition has filed several copies of documents including the police papers in order to prove her case.

2.       Having not contested this case, the O.Ps were set exparte and even though the case being remanded back to this Commission from the Hon’ble State C.D.R.Commission,Odisha,Cuttack, opportunities were again given to the O.Ps to file their written version and contest this case as per the direction of the Hon’ble State Commission but still then the O.Ps had not appeared nor had they contested this case.

3.       The points for determination in this case 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 and if they had practised any unfair trade?

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

To further their case, the complainant alongwith the younger brother of deceased Khageswar Swain had filed their evidence affidavits here in this case and those when perused, it is noticed from that those are simply reiteration of the averments of the complaint petition and nothing else.

Point no.II.

Out of the three points, point no.ii  being the pertinent one is taken up  first for consideration here in this case.

On perusal of the averments as made in the complaint petition together with the copies of medical documents and as noticed in the medical certificate,Khageswar Swain had died on 26.8.17 at about 8.00 p.m due to Cardiac Respiratory Failures.  It is a fact that having abdominal pain and suffering from “Cholelithiasis” the deceased Khageswar Swain was being treated at Kalinga Health Clinic and Research Centre,Choudwar,Cuttack by Dr.P.C.Sahoo on 26.8.17.  As it appears from the medical documents available in the case record, the deceased Khageswar Swain after being laparoscopically operated for “Cholelithiasis”,had died in the O.T room of the said Nursing home at Choudwar,Cuttack.  While perusing the post-mortem report of the said deceased Khageswar Swain, it is noticed that the death of Khageswar Swain was due to shock and haemorrhage as a result of massive intra-abdominal bleeding arising as a complication of a laparoscopic gall-bladder surgery.  The said opinion inthe post-mortem report of the deceased Khageswar Swain was given by the doctors of F.M & T Department of SCB Medical College & Hospital,Cuttack.   Undoubtedly, the said doctors  of F.M & T Department of SCB Medical College & Hospital,Cuttack are experts and their opinion can be said to be the “Opinion of Experts”.  Thus, as it appears from the documentary evidence as available in this case, the deceased Khageswar Swain had died in the OT room due to the negligence of the treating physician and nothing else.

As per the recent decisions of the Hon’ble Apex Court in case of medical negligence, it is to be seen that the account of reasonable care that which was supposed to be taken by the treating physician towards the patient if not taken, then in that case it can safely be concluded that there was infact negligence resulting to sufferance of the patient.  From the facts and circumstances of this case as made out while laparoscopically operating the gall-bladder stone of the deceased, Khageswar Swain there was internal bleeding and haemorrhage which was sheerly cause of a doctor’s negligence and the doctor had failed to exercise reasonable care and caution resulting to the severe internal bleeding and ultimately the sad demise of the said patient Khageswar Swain.  Thus, this Commission has no hesitation to come to a conclusion here in this case that indeed the O.Ps were deficient in their service and had practised unfair trade by not taking proper care and failed to take reasonable caution while operating Cholelithiasis of the patient Khageswar Swain as a result of which he had died .  This issue is accordingly answered in favour of the complainant.

Issues no.i& iii.

From the discussions as made above, the case as filed by the complainant is maintainable and the complainant is entitled to the reliefs as claimed by her.

                                                            ORDER

The case is decreed on contest against the O.Ps who are found to be jointly and severally liable here in this case.  Thus, they are directed to pay a sum of Rs.18,00,000/- to the complainant along with interest thereon @ 12% per annum with effect form 26.8.2017 till the total amount is quantified.  They are also directed to pay a sum of Rs.1,00,000/- as compensation towards her mental agony and harassment further with a sum of Rs.1,00,000/- towards her litigation expenses within a period of 30 days from the date of receipt of copy of this order.

Order pronounced in the open court on the 11^th  day of January,2023 under the seal and signature of this Commission.  

                                                                                                                   Sri Debasish Nayak

                                                                                                                             President

         

 

                             Sri Sibananda Mohanty

                                                                                     Member