West Bengal

Bankura

CC/149/2014

Smt. Arpita Banerjee - Complainant(s)

Versus

Dr. Apurba Ghosh - Opp.Party(s)

Tapen Dey

31 Oct 2023

ORDER

IN    THE   DISTRICT   CONSUMER   DISPUTES   REDRESSAL COMMISSION, BANKURA

  Consumer Complaint No. 149/2014

          Date of Filing: 13.11.2014

Before:                                        

1. Samiran Dutta                             Ld. President.      

2. Siddhartha Sankar Bhui            Ld. Member.                                    

 

For the Complainant:  Ld. Advocate Tapan De

For the O.P.1 & 2: Ld. Advocate Jayanta Kr. Mukhopadhyay

O.P.3: Ld. Advocate Debjani Biswas ,

O.P.4 : None        O.P.5: Ld Advocate Tapas Choudhuri

Complainant 

Smt. Arpita Banerjee, w/o Shri Ashis Banerjee, DSP, CISF, ASP  Complex, 3/88 Durgapur-8, Palsdiha, Faridpur, Burdwan

Opposite Party

1.Dr. Apurba Ghosh, Radio diagnoses, Shweta Medi Diagnostic Ltd., Kenduadihi, Bankura

2.Dr. R. Sahana, Deptt. of Gynecology & Obstetrics, Asst Professor, BSMCH, Gobindanagar, Bankura

3.Dr. Samir Kr. Paul, Gynecologist, DSP Main Hospital, Durgapur, Burdwan

4.Dr. Minati Pal, Mission Hospital, Durgapur, Burdwan

5.Dr. Joshi Anand Kerketta, Mission Hospital, Durgapur, Iman Kalayan Sarani, Sector-2C, Durgapur-713212, Burdwan

 

 JUDGEMENT 

Dated:31-10-2023

The case is fixed for delivery of Judgement.

The Complainant’s case is that she conceived on 19/10/2013 and was under treatment of O.P.2 Gynecologist and during her treatment O.P.2 on 15/02/2014 advised for Ultrasonography anomaly scan which was done by O.P.1 Radiologist with the report dated:19/02/2014 to the effect that heart appears normal in size and position, normal cardiac situs, Four chamber view is normal, Outflow tracts appear normal, 3 vessel view appears normal. Accordingly the Complainant was mentally ready for delivery of child which was fixed on 26/07/2014. The Complainant was admitted for delivery of child in D.S.P. Main Hospital, Durgapur being her matrimonial home on 15/07/2014 to which O.P.3 doctor is attached and on 16/07/2014 a full twin baby was born but due to some complications the mother with baby was referred to Durgapur Mission Hospital urgently for further management on that very day i.e.16/07/2014 to which O.P. 4 & O.P.5 doctors are attached but unfortunately on 17/07/2014 at about 9.30 a.m. the twin baby died and the Durgapur Mission Hospital issued Death Certificate with the report dated: 17/07/2014 to the effect that the cause of death is congenital Acyanotic heart disease. The Complainant has approached this Commission for due compensation against the O.P. doctors for medical Negligence on their part for delivery of dead child..                                                                                                           

                                                                                                                                                                                      Contd……p/2

                                                                                                          Page: 2

O.P.1 contested the case by filing a written version denying all the material allegations made in the Complaint contending inter alia that he has no role of medical negligence in delivery of child and the USG report issued by him cannot be faulted with.

O.P.2, O.P.3 & O.P.5 separately filed a written version to contest the case contending inter alia that they have no involvement and role in medical negligence and deficiency in service as complained of by the Complainant. Be it mentioned here that O.P.2 to O.P.5 were subsequently added by the Complainant.

-: Decision with reasons: -

Having regard to the facts of the case, submission, contention and documents on both sides the Commission finds from the USG report submitted by O.P.1 doctor that it was given at the stage of four months pregnancy with the limitation of detecting all anomalies but not as confirmatory tool. At the time of performing USG it is not possible for O.P.1 Radiologist to scan the full position of the heart which was so developed at that stage. The Death Certificate issued by the Durgapur Mission Hospital has clearly mentioned that the cause of death is due to congenital heart disease which means that the baby was born with inborn heart disease which could not be detected through USG tests at the stage of 4/5 months pregnancy.

At the time of hearing Ld. Advocate appearing for the Complainant has drawn attention to the fact that had the victim mother known beforehand that the baby in the womb would be born with heart defect she would not take the baby and prefer abortion to avoid the delivery of child. But no such apprehension was disclosed at the relevant time by the Complainant before any of the O.P. doctors. So such contention of the Complainant cannot be accepted at this stage. No medical negligence could be found with O.P.1 doctor for performing the USG giving clear development of heart of the baby and other doctors i.e. O.P.2,3,4 &5 have no sorts of medical negligence in the present case in delivery of the child. The Complainant could not produce current USG report at the mature stage of pregnancy which could reflect actual position of the heart of the baby.

The Complainant has filed the instant case on mis-conception of fact. Accordingly the case fails.

Hence it is ordered……..

That the case be and the same is dismissed on contest but without cost.

Both parties be supplied copy of this order free of cost.

 

 ____________________                _________________         

HON’BLE   PRESIDENT           HON’BLE MEMBER