Ld. Advocate(s)
For Complainant: Subhasish Roy
For OP/OPs : Kajal Ghosh
Date of filing of the case :02.04.2015
Date of Disposal of the case : 13.04.2023
Final Order / Judgment dtd.13.04.2023
Complainants above named filed the present complaint against the opposite parties praying for refund of sum of Rs.30,000/-( Rupees Thirty thousand) as treatment cost and Rs.19,50000/-( Rupees Nineteen lakh fifty thousand) as compensation and Rs.20,000/- (Rupees Twenty thousand) as cost of the case. They alleged in the petition of complaint that mother of complainant No.1 and wife of complaint No.2 is a school teacher and after marriage she became pregnant. She was treated by Pro-OP No.3. She at first visited the chamber of Pro-OP No.3 on 27.07.2014 and continued her treatment upto October, 2014. On 02.12.2014 she was treated by OP No.1 at first at his chamber at Chakdaha. As per advise of the OP No.1 complainant No.2 arranged of her routine check up as well as tests like USG, blood tests etc. OP No.1 prescribed some medicines. OP No.1 mentioned expected date of delivery on 19.03.2015. Upto 20.02.2015 nothing was abnormal. On 03.03.2015 wife of complainant NO.2 namely Sima Karmakar felt some problems and she was produced before OP NO.1 on 02.03.2015, then OP NO.1 advised her to take admission in the hospital. Accordingly, Sima Karmakar was admitted in the nursing home of OP NO.2. She was admitted thereon on 02.03.2015 at 9:30 p.m. OP No.1 along with his associates team of doctors did LUCS of Sima Karmakar at 10:30 p.m. and she gave birth a male child i.e. complainant No.1. As per report of OPs soon after operation, condition of the patient was normal as noted by doctor in charge of the said nursing home. Before LUCS of Sima Karmakar analgesia injection (4 Amps) was given and according to the note sheet dated 02.03.2015 written 12:00 a.m. doctor of nursing home authority noted operation time at 10:15 p.m. to 11:00 p.m. and during vaginal wash, bleeding started per vaginal compression with packs and abd. Fundal compression was applied for one hour haemaceel. 1 bottle blood was given at that time. Bleeding after one hour. At that time patient was fully conscious. BP was 110/90, urine through folleys was clear. At about 12:20 a.m. nursing home authority observed further bleeding and took decision for sub-total/total hystomy. Accordingly they took consent complainant No.2. Thereafter, OP No.1 and 2
(3)
treated Sima Karmakar. On 03.03.2015 wife of complainant no.2 died. She did not get proper treatment. Hence, this case.
OP No.1-2 contests the case by filing W/V they denied the entire allegations which have mentioned in the petition of complaint. They further stated that OP NO.1 saw the patient first time in the month of August, 2014. Expected date of delivery of the patient was 19.03.2015. Blood pressure was 140/80 after clinical examination and reviewing her tests reports decision for emergency caesarean section was taken due to the fact that there was less liquor and further as there was meconium stained liquor.
Considering the condition of the patient OP NO.1 conducted with emergency caesarean section on 03.03.2015. In operation theatre the surgery was done under spinal anaesthesia over the lower segment and baby was taken out. Cord clamped, cut and legated. Injection oxytocin 10U was given to mother immediately after clamping the cord. Uterus was closed in layers by 1-0Vicyrl abdomen closely layers after securing haemostasis. Considering the fact that bleeding PV was more than normal and uterus not fully contracted. Injunction prostodin were also given. Infusion hemaccel was started along with tablet misoprostol (800mg. Per equally). Bimannual compression was given and messaging was done exact to make the uterus firn. After about one hour of active resuscitation, bleeding fully controlled uterus hard contacted. Urine output was 500 ml. And the patient was conscious. Patient was put to bed at around 12:25 a.m. PR was 100/MN, BP 100/70 has recorded at 12:30 a.m. Breast feeding of the baby started. 2 units blood requisition done in the operation theatre. At about 1:30 a.m. suddenly it was noticed by the attending nurse that blood was oozing in small quantity from vagina. OP NO.1 was informed around 1:30 a.m. and immediately OP NO.1 saw the patient when he found uterus was relaxed. Clots were removed from vagina. Decision for emergency hysterctonmy was done. One unit blood transfusion started around 12:40 a.m. Doctor S.R.Mahanto Senior Gynaecologist was called for help who also advised emergency hysterectomy same was done at 02:30 a.m. The patient was conscious and put to bed at 3:00 a.m. and second unit of blood was started at about 3:30 a.m. Blood pressure started falling. Decision to shift the patient at a higher centre was taken. Considering ventilation backup may be required for the patient. The patient was shifted to a higher centre at 3:40 a.m. OP No.1accompanied the patient along with patient party on the way to higher centre to accomplish his professional ethics. The patient was not admitted at the higher centre in Barrackpur where she was taken by the patient party due to reasons best known to them and insisted to take the patient back to Kalyani ignoring the outcome that may be happen as such the patient came back from Barrackpur at around 5:00 a.m. and subsequently was declared dead at the hospital of OP NO.2. He prayed for dismissal of the case.
(4)
Trial
During trial complainant No.2 filed affidavit in chief, he also filed answer in respect of interrogatories .
OP NO.1 filed affidavit in chief, he also filed answer in respect of interrogatories.
Parimal Kumar Bose partner of OP NO.2 filed affidavit in chief and also files reply in respect of questionnaire.
Brief Notes of Argument
Complainant did not file BNA. OP No.1 and 2 also did not file BNA.
Documents
Ld. Adv. of the complainants by filing a petition dated 10.04.23 stated that original documents are lying in the criminal case. Xerox copies of documents have been filed which have marked as annexure 1 to 7 in the following manner :
1) Prescription of Dr. Kakoli Mitra......one sheet.....(Xerox)......(Annex-1)
2) Prescription of Dr. Kakoli Mitra......one sheet.....(Xerox)......(Annex-2)
3) Prescription of Dr. Dipankar Banerjee........one sheet.....(Xerox)...(Annex-3)
4) Prescription of Dr. Dipankar Banerjee........one sheet.....(Xerox)...(Annex-4)
5) Admission Form issued by Multi Care Hospital...one sheet...(Xerox)...(Annex-5)
6) Document of Multi Care Hospital...One sheet.......(Xerox).......(Annex-6)
7) Document of Multi Care Hospital...One sheet.......(Xerox).......(Annex-6A)
8) Document of Multi Care Hospital...One sheet.......(Xerox).......(Annex-6B)
9) Document of Multi Care Hospital...One sheet.......(Xerox).......(Annex-6C)
10) Document of Multi Care Hospital...One sheet.......(Xerox).......(Annex-6D)
11) Document of Multi Care Hospital....One sheet....(Xerox)....(Annex-6E)
12) Document of Multi Care Hospital....One sheet....(Xerox)....(Annex-7)
OP No.1 and 2 did not file any documents.
(5)
Decision with Reasons
It is the allegation of the complainants that mother of complainant no.1 was admitted before the OP NO.2 as per advised of OP NO.1 and on 02.03.2015 emergency caesarean section was done but oozing of blood was not stopped due to the negligence of OP NO.1. During the treatment of mother of complainant no.1 by OP NO.1 said patient namely Sima Karmakar was expired.
Ld. Adv. for the OP NO.1-2 argued before this Commission that they gave proper treatment as per their level best and there is no negligence on their part. They prayed for dismissal of the case.
On careful scrutiny of the copy of documents of Multi care Hospital, evidence on record, petition of complaint and W/V of the OPs we find that patient Sima Ghosh Karmakar continued her treatment before Dr. Kakali Mitra for the period from 27.07.2014 to 13.10.2014. Thereafter, she started her treatment before OP No.1 for the period from 11.11.2014 to 20.02.2015. OP No.1 in his W/V and affidavit in chief mentioned that he noticed some problem in the pregnancy but on careful scrutiny of his prescriptions we do not find any such entry. So story of problem in the pregnancy is not sustained.
We find that when OP No.1 lastly examined the patient then adviced to get admission in OP No.2 on 03.03.2015. But we find that said patient came on 02.03.2015 at 9.35 p.m. before the OP NO.2/Nursing Home and caesarean operation was done on the same date and one male baby was taken off at 10:31 p.m.
There are contradictory in time of said operation in the W/V of OP No.1and 2 but it is clear that said operation was done in or around at 10:30 p.m.
But after the said caesarean operation bleeding was started. OP NO.1 was supervised the treatment of patient and was all alone present in the Nursing Home of OP NO.2 and bleeding was stopped for some time. But when bleeding for the 2nd time was started them OP No.1 in consultation with the complainant no.2 decided for 2nd operation over the body of the patient Sima Ghosh Karmakar i.e emergency hysterectomy. On that time Dr. S.R. Mahanto senior Gynaecologist was called for help who also adviced emergency hysterectomy. Thereafter emergency hysterectomy was done.
In consultation with the complainant No.2 ,OP NO.1 decided to refer the patient before the higher centre i.e in any Medical College or Private Nursing Home for better management . On that time OP NO.1 was
(6)
accompanied the patient during the journey of the patient through ambulance, but unfortunately as per statement of OP No.1 Barrackpore Hospital refused the patient and as a result said patient returned back to the Nursing Home of OP No.2.
Per vagina bleeding after the caesarean operation is a common phenomenon and same is not unknown to the Medical Science. In some cases it is found and by the treatment patient overcome the same. But in the present case fruitful result was not found. OP NO.1 administered medicine from time to time but ultimately bleeding was not stopped. The reason was unknown before the team of doctors who were present in the nursing home and were trying to save the life of patient namely Sima Ghosh Karmakar. They prescribed medicine but those were not respond.
There is no materials in record that OP NON.1 had the intention to kill the patient namely Sima Ghosh Karmakar on the other hand from the service rendered by the OP NO.1 it can be said that OP No.1 established himself as dutiful and sympathetic doctor.
From the contents of the petition of complainant, documents and affidavit in chief of complainant NO.2 we do not find any authentic material by which we can responsible the OP No.1 for untime death of patient namely Sima Ghosh Karmakar.
From the aforesaid discussion it is clear before us that OP NO.1 from the time of caesarean operation of the patient was all along with the touch of the patient. He did not leave the patient during the crisis moment. In the night of 02.03.2015 he was present in the Nursing Home thorugh out the night. He attended the patient time to time. Gave necessary advice. We find his entry in the treatment sheet on the different time of the night. He took the pain of 2nd operation i.e hysterectomy. Even accompanied the patient during shifting to higher centre. The role of OP NO.1 in the said night towards the patient was very much sympathetic, sincere and dutyful. He has tried to his level best to save the life of the patient, took the trouble for 2nd time operation, solicited the help of senior doctors and arranged to bring them at Nursing Home and administered the necessary medicines. On the other hand complainant failed to produce any money receipt in respect of payment of any amount in favour of OP No.1 or OP No.2.
Having regard to the aforesaid discussion we are of the firmed view that complainants have failed to established the negligence in treatment of Sima Ghosh Karmakar by the OP No.1 and 2.
In the result present complaint fails.
Hence,
(7)
It is
Ordered
that the present case vide No. CC/54/2015 be and the same is dismissed on contest against the OP No.1 and 2 and dismissed ex-parte against the OP NO.3 but without any order as to cost.
. Let a copy of this Final Order be supplied to the complainant and OPs as free of cost.
Dictated & corrected by me
............................................
PRESIDENT
(Shri DAMAN PROSAD BISWAS,) ..................... ..........................................
PRESIDENT
(Shri DAMAN PROSAD BISWAS,)
I concur,
........................................
MEMBER
(NIROD BARAN ROY CHOWDHURY)
