Order-16.
Date-09/02/2017.
Shri Kamal De, President.
This is an application u/s.12 of the C.P. Act, 1986.
The case of the complainant, in short, is that OP1 is a registered medical practitioner under whose supervision the complainant was treated from 07-12-2013 to 11-01-2015. OP2 is a necessary party in this case and the complainant alleges nothing adverse against OP2. On 06-12-2013 the complainant went to the chamber of Dr. I. Kader, OP1, at Topsia, Kolkata with severe illness and high temperature. After preliminary investigations OP1 advised the complainant to undergo several tests to be done from Perfect Diagnostic Centre, 16, Kustia Road, Kolkata – 700 039 on 07-12-2013. As advised by the OP1 the complainant got all diagnostic tests from the said centre and TSH test from Thyrocare Mumbai on 07-12-2013. On the same date at about 9-00 p.m. after going through the test reports OP1 prescribed medicine to the complainant. But having no improvement the complainant went to OP1 on 08-12-2013 whereupon OP1 made further addition of some medicines and also advised for ECG with advice to consult on next date on 09-12-2013. The complainant again visited OP1 on the same date and after going through ECG report Dr. Kader OP1 made few alterations to his earlier prescriptions and included Eltroxin 100 tablet in the prescription but the condition of the complainant continued to deteriorate without any improvement. The complainant again visited Dr. Kader on 17-12-2013 but he advised to continue the medicines including Eltroxin 100 tablet but there was no improvement. The complainant again visited OP1 on 28-12-2013 who added another medicine named Urdiogem 300 mg tab along with earlier prescribed medicines and advised patient to undergo further blood, urine test and some other biochemical examinations. On 30-12-2013 the complainant visited OP1 along with all test reports and after going through all reports Dr. Kader again advised her to continue with Eltroxin 100 tab along with other medicines but even after this, the condition of the complainant did not improve. It is alleged that the complainant paid an amount of Rs.2,000/- as professional fees to OP1 doctor but the heart condition of the complainant gradually deteriorated. On 20-01-2014 during chilling evening of January, the complainant was totally in a confused state and she was swelling profusely with acute breathing distress and she was compelled to rush to Dr. Kader whereupon he still advised to continue Eltroxin 100 tab. On 31-03-2014 when the condition of the patient further deteriorated she again went to Dr. Kader and Dr. Kader advised to continue with Eltroxin 100 tab along with other medicines. It is stated that he complainant visited OP1 15 times spanning over a period of 55 days but her condition did not improve, rather on 05-02-2014 the condition of the complainant turned worse when she lost all senses and complainant was left with no other choice but to rush immediately to emergency unit of National Medical College and Hospital, Kolkata where the patient was instantly admitted. During hospitalization in National Medical College and Hospital from 05-02-2014 to 08-02-2014 the attending doctors examined the complainant’s blood and for TSH evaluation, the level of which was found to be 4.95 ulu/ml. In the discharge certificate issued by the said hospital dated 08-02-2014 in their diagnosis it was mentioned “Eltroxin induced heart failure in a patient with reduced diastolic compliance”. It is stated by the complainant that she developed features of heart failure for taking Eltroxin by the advice of OP1. After discharge of the patient from the said hospital on 08-02-2014 the complainant was admitted at Mercy Hospital, Kolkata on 09-02-2014 but due to acute fund crunch she could not afford to continue treatment at Mercy Hospital and was discharged forcefully on 10-02-2014. The patient, thereafter, went to Dolphin Nursing Home at Kustia Masjid Bari Lane, Kolkata – 700 039 where she was examined by Dr. Anwar Jamal who prescribed a number of medicines but excluded Eltroxin 100 tab. Following the treatment of Dr. Jamal the condition of the patient has slightly recovered. It is alleged that the complainant’s condition worsened so much due to long course of treatment by Dr. Kader. Presently, she is unable to perform any work and she is confined to bed and she leaves a wholly pathetic vegetative life. It is stated that the complainant incurred huge expenditure amounting to Rs.1 lakh for the wrong treatment of OP1. The complainant has prayed for compensation against OP1.
OP1 has contested the case in filing written version contending, inter alia, that the instant case is not maintainable in fact and in law. It is stated that the complainant has not been able to prove any negligence against this answering OP by way of any evidence of medical expert. It is stated that when the patient came to the chamber of OP1 for consultation, with complaint of persistent fever, weakness, cold and cough with urinary tract infection, constipation, anorexia, palpitation and sinus tachycardia with anemia, tender upper abdomen and heart burn. Patient was investigated and TSH was done and it was found higher side 8.66 ulu/ml and therefore, symptomatic treatment for the above ailments and Eltroxin Tab 100 mg was added to. it is also stated that since the patient refused to undertake treatment at the higher centre hospital, OP1 had to treat her. It is also stated that with the treatment using Eltroxin was as per the presenting symptoms of the complainant and such symptoms had categorically disappeared. Payment of Rs.2,000/- as professional fees is specifically denied. It is also stated that the liability of the doctor does arise when the patient has suffered any injury and when the injury is resulted due to the conduct of the doctor failing below the reasonable care. It is also stated that OP1 is not liable for any breach of duty. It is stated that the OP1 has not committed breach of duty or care. It is stated that OP1 had no negligence in the matter of treatment of the complainant and this OP has prayed for dismissal of the case.
Point for Decision
- Whether OP1 is guilty of medical negligence?
- Whether the complainant is entitled to get the relief as prayed for?
Decision with Reasons
We have travelled over the documents on record i.e. the medical reports of the complainants dated 07-12-2013, reports of the complainant dated 07-12-2013, reports of different tests dated 07-12-2013 including TSH, cholesterol, Sodium Potassium, Dengue Antibody clinically examination reports of Urine etc etc., prescription of OP1 on different dates on 07-12-2013, 08-12-2013, 09-12-2013, 17-12-2013, 28-12-2013, 30-12-2013, 07-02-2014, 31-01-2014, 20-01-2014, discharge summary of National Medical College and Hospital, discharge summary of Mercy Hospital, prescription of Dolphin Nursing Home, ECG Report of Horizon Life Line Pvt. Ltd., prescription on different dates by Dr. Anwar Jamal and other documents on record.
From the BNA filed by both the parties a controversy has arisen whether OP1 Dr. I Kader has any MBBS Degree or not? It has been alleged from the side of the complainant that OP has no such degree as MBBS and the letter head of prescription regarding his degree is totally false. OP1, on the other hand, in his WNA has stated that he is having degree of MBBS (AM), Indian Council of Alternative Medicine and SCUM (State Council of Unani Medicine), West Bengal. We find from the letter head of the prescription that the degree of Dr. I.A. Kader is written as MBBS General Physician but from his own admission in WNA, it appears that he is having a degree of MBBS (AM), Indian Council of Alternative Medicine and SCUM (State Council of Unani Medicine), West Bengal. Moreover, Dr. Kader has not filed any such degree of alternative medicine or Unani Medicine. In the prescription dated 22-12-2016 Dr. Kader as we find has not furnished any degree but in the prescription dated 07-12-2013 to 21-03-2014 he has furnished degree MBBS, General Physician. It appears that Dr. Kader could not satisfy us that he is having degree of MBBS. Moreover, in order No.HF/O/AYUS 199/1A-44/2011 dated 31-12-2014/06-02-2014 of Govt. of West Bengal, Deptt of Health and Family Welfare, Ayush Branch, Swastha Bhawan, it is stated categorically that Ayush doctor cannot prescribe medicine of Ayurved and Allopath or Ayurved and Homoeopath or Homoeopath and Allopath simultaneously. It is also stated in the said circular, specific list of medicine which can be prescribed by Ayush doctor will be prepared by the State Government and those medicines can be prescribed by Ayush Doctor only after prescribed training.
From the materials on record we find that OP1 has examined the patient and prescribed medicines and tests day after day on 07-12-2013, 08-12-2013, 09-12-2013, 17-12-2013, 28-12-2013, 30-12-2013, 10-01-2014, 31-01-2014, 20-01-2014. OP1 has not also filed any list of medicines which can be prescribed by Ayush doctors as prepared by the State Government. He has not also filed any document to show that he took prescribed training in this regard. It is also suspicious whether alternate medicine renders any right to practice Allopath medicines as prescribed to the complainant. the SCUM as mentioned by the OP1 in his WNA is not an Allopathic degree but Unani Medicinie.
From different medical journals and literatures, it appears that as per standard procedures, Eltroxin (Thyroxine) is to be administered orally for the first instance in a dose not more than 50 units but OP started with 100 unit. As we know, the side effect of overdose of thyroxin is very severe from headache to heart attack but we find that OP1 repeatedly prescribed overdoes of thyroxin (Eltroxin) dose for days together. The certificate of discharge issued by the Kolkata National Medical College and Hospital specifically states under the finial diagnosis column that “Eltroxin induced heart failure in a patient with reduced diastolic compliance” and under anesthesia details column, it has been stated that “patient was started on Eltroxin (100 mg) depending upon a report of TSH 8 ulu/ml. But after taking Eltroxin for two days patient developed features of Heart failure”. It is also worthy to note that the discharge certificate stated the TSH of the complainant as 4.95 ulu/ml which is almost within the normal limits. It is also pertinent to point out that it was on 09-12-2013 that the complainant was prescribed Eltroxin (100 mg) by Dr. I. Kader and she continued that the consumption of the same till 04-02-2014 before being admitted it National Medical College and Hospital on 05-02-2014 where the doctors clearly stated that the complainant started development features of Heart failure after taking Eltroxin 100 mg after only two days.
From the documents on record we find that OP1 treated the complainant and prescribed allopath medicines without possessing any degree of MBBS. He has also concealed in the letter head of the prescription that he is, in fact, practitioner of Unani Medicine. Moreover, he has not also filed before us any degree of Unani Medicine or alternative medicine. We think that OP1 has committed blatant, unethical as well as medical misconduct. He has also advised wrong medication to the complainant for two months.
It is alleged that the complainant has two blockades in her heart after the wrong medication prescribed by Dr. I. Kader. It also appears that the complainant suffered immensely for the mismanagement of OP1 and she had to move to Dolphin Nursing Home, Mercy Nursing Home for proper treatment. It also appears that the complainant is still bed-ridden and is unable to perform any of her personal work herself due to the negligence in treatment by Dr. I. Kader and she is living a vegetative life. The prescriptions and supporting documents on record suggest gross negligence in the treatment of complainant by Dr. I. Kader giving rise to future complications of the patient. Moreover, we find that the prescriptions of Dr. I. Kader do not provide any registration number as is required by law laid down by the West Bengal Medical Council. It cannot be ascertained whether the said Dr. I. Kader is a qualified medical practitioner to practice in Modern Scientific Medicine (Allopathy) and in the event of his not being one, there will be threat to the society as well as to the people at large from health care point of view. The menace of fake Medical Practice, we think, should be eradicated from the society in the greater and better interest of the people. We hold that it is a conscious wrong doing.
We think that the complainant had to undergo a lot of suffering without any proper cause owning to the negligence and defect in treatment done by the so called Self-styled Dr. I. Kader. We think that OP1 is guilty of medical negligence and is deficient in rendering medical services to the complainant. We hold that OP1 is guilty of medical negligence. We however, do not find anything adverse against the remaining OP being Kolkata National Medical College and Hospital. Complainant also alleges nothing adverse against OP2.
Consequently, the case merits success against the OP1.
Hence,
Ordered
That the instant complaint be and the same is allowed on contest against the OP1 and dismissed ex parte against OP2.
OP1 is directed to pay an amount of Rs.2,00,000/- (Rupees Two lakhs only) to the complainant as compensation apart from litigation cost of Rs.10,000/- (Rupees Ten thousand only) for medical negligence within one month from the date of this order.
OP1 is also directed to deposit an amount of Rs.1,00,000/-(Rupees One lakh only) to this Forum as punitive damage for practicing unfair trade to be credited to the account of State Consumer Welfare Fund.
Failure to comply with the order will entitle the complainant to put the order into execution u/s.25 read with Section 27 of the C.P. Act.
