In the Court of the
Consumer Disputes Redressal Forum, Unit -I, Kolkata,
8B, Nelie Sengupta Sarani, 4th Floor, Kolkata-700087.
CDF/Unit-I/Case No.131/2009
1) Ranjit Kumar Sarkar,
269/2, B.T. Road, Kolkata-36,
P.S. Baranagar, Dist. 24 Parganas (North). ---------- Complainant
---Versus---
1) Dr. Ashutosh Ghosh,
I.T.U. Main Block Medicine (Female)
In charge of ITU, SSKM Hospital, Kolkata-20.
2) Dr. Nabanita Chakraborty,
H.O.D. Queens Ward Main Block
Medicine (Female), SSKM Hospital, Kolkata-20.
3) Dr. Gouranga Sarkar,
SSKM Hospital, Kolkata-20.
4) Dr. D. Pal,
H.O.D. Respiratory Medicine,
SSKM Hospital, Kolkata-20.
5) Dr. Haradhan Mondal,
SSKM Hospital, (Main Block)
H.O.D. (Surgery), Kolkata-20.
6) State Medical Council WBHC.
8, Lyons Range, Kolkata-1.
7) Ministry of Health,
Ministry-in-charge,
Health and Family Welfare,
Govt. of West Bengal,
Writers’ Building, Kolkata-1
8) Medical Council of India,
Sector-8, Pocket-14,
Dwarka New Delhi -110075.
9) People For Better Treatment,
2A, Rakhal Mukherjee Road, 3rd Floor,
Opp. Bhowanipore Post Office, Kolkata-25. ---------- Opposite Parties
Present : Sri Sankar Nath Das, President.
Dr. Subir Kumar Chaudhuri, Member.
Order No. 29 Dated 31-05-2013.
The case of the complainant in short is that complainant has a daughter namely Piu Sarkar who was working for gain at A.I.R. (All India Radio, Prasar Bharati) at Siliguri. Complainant filed this case for death of her daughter due to the deficiency of o.ps. in providing services /or negligence of o.ps. and their men. The daughter of the complainant died at the age of 25 years.
Further case of the complainant is that one Dr. Amitava Roy Chowdhury detected the disease of Piu Sarkar that she was attacked with toncilities and then the doctor advised her some tests and finally some doctors advised to take rest from the service as an announcer in All India Radio and at the same time the said doctors prescribed the different types of medicines and as per the advice and instruction of the doctor and after taking medicines properly the daughter of the complainant gradually recovered and by examination the complainant came to know from the report it is seen “Normal Flora Grown”.
Complainant further submits that one Anirudhya Biswas who was working for gain at SSKM Hospital as technical assistant by profession. The said person took up the said case of the complainant and directed and referred to Supdt. of Baranagar Hospital (T.B. Hospital) for her better treatment and to distribute her medicines as such twenty four amples of streptomycin with medicines being the category of Cat (ii) dt.29.1107.
In the midst of treatment the senior doctor Dr. D. Pal (Respiratory Deptt) advised to stop A.T.D. and the said daughter of the complainant was admitted in the SSKM Hospital on 22.12.07 referred by Dr. Pal and as per his instruction, all the medicine was stopped and to start the treatment with some new medicine including streptomycin ample and as per his instruction the category of the treatment CAT-II started again.
The treatment was going on for an indefinite period. But after the continuing prolonged treatment of one month there was no improvement and development of the said patients. As matter of fact that the complainant directly approached to the said authority to discharge her daughter from the said department of the hospital. And on the proposal of the complainant the hospital authority discharged the daughter of the complainant from SSKM Hospital on 23.1.08. After taking the permission of the said authority, the daughter of the complainant was taken to her father house on 23.1.08. During the period of treatment at SSKM Hospital, she was given two bottle bloods and other medicine to continue the same at the time of discharge the daughter of the complainant complaint his father that the treatment was not done in the proper way and specially no temperature chart has been observed or seen and also the category of CAT-II has not been properly maintained. And finally said Dr. D. Pal suggested or advised for some test like F.B.S. / LF. T.C. (Urea and Creatine) and as per the suggestion or advice of the said doctor the patient went to the laboratory and as per the instruction of the doctors, she did her every test and it was clear that the test of creatinine and urea are seen totally negative from the report.
After discharging from the hospital when the patient returned back to her father’s residence she was attached with diarrhea and lever function was going to be damaged day to day and the complainant finding no alternative way she was again admitted in SSKM Hospital in Queen’s Main Block (Female Medicine Deptt) as per the advice of Dr. Ashutosh Ghosh the in charge of ITU (Bed no.2) as per the instruction and advice of Haradhan Mondal the (Department Head of Surgery) SSKM Hospital and with the advice of Dr. Ashutosh Ghosh, the patient was examined by both the above doctors along with their junior doctors and house staff and prescribed the costly medicines for her treatment. So the complainant purchased all the medicines as per prescription of the doctors and handed over to the senior lady house staff of the Queen’s Female Ward (Medicine) and the said department started the treatments as per the instruction of the doctors from 5th Feb to 11th Feb 2008.
The said department assured the parents of the patient that she would recover obviously and no question of anxiety and tension may arise for that reason. Getting the assurance from the doctors the complainant remained silent and finally on 10th Feb. Dr. Nabanita Chakraborty the head of the department of medicine told th complainant that the condition of the health of the patient has already been improved and developed, as a matter of fact, there was no necessity of keep her in a ventilation.
The patient was totally conscious and able to talk with person for five and six minutes at a stretch. She being herself cannot understand her recovery and she told that she was not sent her to the ‘death cell’ her full addressed to her father “why all of you put me a death cell”? “She told the above statement with a conscious way”.
Complainant submits that the doctors advised the patient for the test of HIV (Test) third times. But th e result and the report of the HIV is seen as ‘Non reactive” for third times. But the test is totally useless.
It is further stated by the complainant that his daughter was under the treatment in a ventilation of ITU, bed no.2 since 11.2.08. Subsequently the complainant attended the hospital day after day for her ailing daughter and the doctors always are giving opinions that she may attack with malaria and as because she has been suffering from fever for three or four days, as a matter of fact, examination of blood (different types) be examined and therefore, the doctors immediately examined the blood or the patient through outstanding pathological department of outstanding nursing home ‘Bellevue Clinic’, ‘Tribedi & Roy’, Medicine Research and Diagnostic Pvt. Ltd. but no positive result was found rather the report is seen as ‘non reactive’. Nevertheless, the sputum, LFT, enzyme, creatanine, were examined but all the reports were in a negative form.
Dr. Ashutosh Ghosh advised her for examination of USG for the whole abdomen. The report of the said test is seen ‘Suggestive of tubercular adrenal insufficiency with septicemia problems enteric in origin’. So there is no rigid conclusion of the doctors regarding being actual disease without any proper diagnosis, they have experimented the patient like animal for different types of disease day after day till her death. No proper diagnosis was done by the doctor and they were totally negligent for performing of their duties and the costly and latest antibiotic medicines were wrongly applied to her body.
Dr. Ashutosh Ghosh in charge ITU informed the complainant and his wife that the minds of the doctors are not in a good condition and also no reply was given by the doctors without mentioning any remarks regarding the health of the patient. On the same day 28.2.08 the near relatives of the complainant was present in the said hospital at night and after the departure of the parents of the patient the said relatives informed over telephone that the condition of the patient is not in a good condition and requested him to come immediately to the hospital as early as possible.
Complainant got the news from the relatives and started to attend the hospital at about 1-00 a.m. at night and he reached at the hospital at about 1-30 p.m. and also went to the ITU Deptt. to see his daughter but no response was found from the doctors and the staff regarding the condition of his daughter. At last being disappointed he went to the bed of his daughter and opened the sheet from her face he saw that tears are coming out from the eyes and she was silent and her mouth was totally damaged and the lips and tongues were injured and also the finger (thumb) of the right leg was amputed unnecessarily. Complainant got the information from the medical officer that his daughter had expired at about 12-15 a.m. (night).
complainant further submits that the death certificate was issued in favour of Piu Sarkar by the Medical Officer of SSKM Hospital stating that the patient died due to cardiac arrest in a case of multi drug resistant gram (negative) septicemia and disseminated Koch’s along with respiratory failure. But it is stated further that the death certificate issued by the hospital is very much advaniance with the symptoms which were found by the doctors through tests and examination.
The deliberate negligence revealed in the present case must have caused death of the patient. Hence the case was filed by the complainant with the prayer contained in the petition of complaint.
O.ps nos.1 to 5 and o.p. no.7 had entered their appearance in this case by filing w/v and denied all the material allegations labeled against them and prayed for dismissal of the case. Ld. lawyer of o.ps. in the course of argument submitted that the case has got no merit and the same is liable to be dismissed. O.p. nos.6, 8 and 9 did not contest the case by filing w/v and matter was heard ex parte against o.p. nos.6 8 and 9.
Decision with reasons:
We have gone through the pleadings of the parties, evidence and documents in particular and we find that the patient died at SSKM Hospital at the age of 25 years and were under treatment of o.p. nos.1 to 5. The patient was initially treated at Baranagar T.B. Hospital and was given 24 amples of streptomycin with medicines being Cat (ii) dt.29.11.07 and subsequently the patient was admitted at SSKM Hospital on 22.12.07 referred by Dr. D. Pal and there treatment was started with new medicines including streptomycin and treatment of Cat (ii) started again and subsequently complainant approached the hospital authority to discharge her daughter from the hospital and hospital authority discharged the patient on 23.1.08 and during treatment at SSKM Hospital patient was given two bottles of blood and other medicines and was advised to continue the same at the time of discharge.
Further we find that after discharge from SSKM Hospital patient was attacked with disra and lever function disease and she was again taken to SSKM Hospital and as per advice of Dr. Ashutosh Ghosh, In-charge of ITU Bed no.2 and the advice of junior doctors also same medicines were prescribed for her treatment and complainant supplied all those medicines from 5.2.08 to 11.2.08 and actually treatment was started from 8.2.08 as per instruction and advice of o.p. nos.1 to 5. But no development or improvement was seen even after prolong treatment and patient was totally conscious at that time during that period and doctors advised test of HIV 3rd time, but report was ‘non-reactive’ for 3rd time. And thereafter, patient was under treatment in ventilation of ITU Bed no.2 since 11.2.08 and doctors were of the opinion the patient might have been suffering from malaria since she has her fever and prescribed various tests, but all the reports were found in negative form. Dr. Ashutosh Ghosh advised USG of whole abdomen and the report suggested ‘Suggestive of Tuberculosis adrenal’ in the sufficiency with septicemia problems entire in origin and the doctors i.e. o.p. nos.1 to 5 went on carrying various investigations applying medicines without arriving at proper diagnosis and ultimately the patient expired at about 12-15 a.m. (night) on 28.2.08.
It further appears from the record that After discharging from the hospital when the patient returned back to her father’s residence she was attached with dioria and lever function was going to be damaged day to day and the complainant finding no alternative way she was again admitted in SSKM Hospital in Queen’s Main Block (Female Medicine Deptt) as per the advice of Dr. Ashutosh Ghosh the in charge of ITU (Bed no.2) as per the instruction and advice of Haradhan Mondal the (Department Heal of Surgery) SSKM Hospital and with the advice of Dr. Ashutosh Ghosh, the patient was examined by both the above doctors along with their junior doctors and house staffs and prescribed the costly medicines for her treatment. So the complainant purchased all the medicines as per prescription of the doctors and handed over to the senior lady house staff of the Queen’s Female Ward (Medicine) and the said department started the treatments as per the instruction of the doctors from 5th Feb to 11th Feb 2008.
We further find from the record that the said department assured the parents of the patient that she would recover obviously and no question of anxiety and tension may arise for that reason. Getting the assurance from the doctors the complainant remained silent and finally on 10th Feb. Dr. Nabanita Chakraborty the head of the department of medicine told the complainant that the condition of the health of the patient has already been improved and developed, as a matter of fact, there was no necessity of keep her in a ventilation.
It is seen from the record that the patient was totally conscious and able to talk with person for five and six minutes at a stretch. She being herself cannot understand her recovery and she told that she was not sent her to the ‘death cell’ her full addressed to her father “why all of you put me a death cell”? “She told the above statement with a conscious way”. And the doctors advised the patient for the test of HIV (Test) third times. But th e result and the report of the HIV is seen as ‘Non reactive” for third times. But the test is totally useless.
Further case of the complainant is that his daughter was under the treatment in a ventilation of ITU, bed no.2 since 11.2.08. Subsequently the complainant attended the hospital day after day for her ailing daughter and the doctors always are giving opinions that she may attack with malaria and as because she has been suffering from fever for three or four days, as a matter of fact, examination of blood (different types) be examined and therefore, the doctors immediately examined the blood or the patient through outstanding pathological department of outstanding nursing home ‘Bellevue Clinic’, ‘Tribedi & Roy’, Medicine Research and Diagnostic Pvt. Ltd. but no positive result was found rather the report is seen as ‘non reactive’. Nevertheless, the sputum, LFT, enzyme, creatanine, were examined but all the reports were in a negative form.
It is seen that Dr. Ashutosh Ghosh advised her for examination of USG for the whole abdomen. The report of the said test is seen ‘Suggestive of tubercular adrenal insufficiency with septicemia problems enteric in origin’. So there is no rigid conclusion of the doctors regarding being actual disease without any proper diagnosis, they have experimented the patient like animal for different types of disease day after day till her death. No proper diagnosis was done by the doctor and they were totally negligent for performing of their duties and the costly and latest antibiotic medicines were wrongly applied to her body.
It transpires from the record that Dr. Ashutosh Ghosh in charge ITU informed the complainant and his wife that the minds of the doctors are not in a good condition and also no reply was given by the doctors without mentioning any remarks regarding the health of the patient. On the same day 28.2.08 the near relatives of the complainant was present in the said hospital at night and after the departure of the parents of the patient the said relatives informed over telephone that the condition of the patient is not in a good condition and requested him to come immediately to the hospital as early as possible.
It also transpires that complainant got the news from the relatives and started to attend the hospital at about 1-00 a.m. at night and he reached at the hospital at about 1-30 p.m. and also went to the ITU Deptt. to see his daughter but no response was found from the doctors and the staff regarding the condition of his daughter. At last being disappointed he went to the bed of his daughter and opened the sheet from her face he saw that tears are coming out from the eyes and she was silent and her mouth was totally damaged and the lips and tongues were injured and also the finger (thumb) of the right leg was amputed unnecessarily. Complainant got the information from the medical officer that his daughter had expired at about 12-15 a.m. (night).
Further case of the complainant is that the death certificate was issued in favour of Piu Sarkar by the Medical Officer of SSKM Hospital stating that the patient died due to cardiac arrest in a case of multi drug resistant gram (negative) septicemia and disseminated Koch’s along with respiratory failure. But it is stated further that the death certificate issued by the hospital is very much avoidance with the symptoms which were found by the doctors through tests and examination.
In view of the findings above and on careful scrutiny of the entire materials on record we find that o.p. nos.1 to 5 had sufficient deficiencies while rendering service to the daughter of the complainant whilst she was simply suffering from tuberculosis. Nowadays, tuberculosis is a disease which can easily be cured even in any hospital. We fail to understand what prompted o.p. nos.1 to 5 to wander about searching for diagnosis whilst simply tuberculosis was very much apparent from USG report of abdomen. That apart, we fail to understand what prompted o.p. nos.1 to 5 to ampute the finger (thumb) of right leg without any consent of the parents of the patient and we further fail to understand as to what was the reason for damage / injury of the mouth, lips and tongue of the patient. And all these things have not been rebutted by o.ps.
So, taking all the aspects we are constrained to hold that o.p. nos.1 to 5 had gross negligencies in rending service to the ailing daughter of the complainant since deceased and complainant is entitled to relief.
Hence, ordered,
That the case is allowed on contest with cost against o.p. nos.1 to 5 and on contest without cost against o.p. no.7 and ex parte without cost against o.p. nos.6, 8 and 9.
O.p. nos.1 to 5 are directed to pay to the complainant a sum of Rs.1,50,000/- (Rupees one lakh fifty thousand) only towards the amount incurred by the complainant and the said sum will be equally borne by each o.p.
i.e. Rs.30,000/- each.
O.p. nos.1 to 5 are further directed to pay to the complainant compensation of Rs.2,50,000/- (Rupees two lakhs fifty thousand) only for harassment and mental agony and the said sum will be equally borne by each o.p. i.e. Rs.50,000/- each.
O.p. nos.1 to 5 are further directed to pay to the complainant litigation cost of Rs.15,000/- (Rupees fifteen thousand) only and the said sum will be equally borne by each o.p. i.e. Rs.3000/- each.
O.p. nos.1 to 5 are further directed to comply with the aforesaid order within 45 days from the date of communication of this order, i.d. an interest @ 10% p.a. shall accrue over the entire sum due to the credit of the complainant till full realization.
Supply certified copy of this order to the parties free of cost.
