Order No. 14 dt. 02/03/2020
The case of the complainants in brief is that the wife of the complainant no.1 and mother of the complainant no.2 Jyotshna Sadhukhan was treated in o.ps’ medical college and hospital for choledochal cyst operation in a paying bed and the complainants paid a sum of Rs.750/- @Rs.100/- per day. The doctors operated the said patient on 25/08/2018 and the operation charges was paid by the complainants. After operation when the patient was in paying bed the complainants noticed that from the operation area fluid was emerging and some blood spots were seen over the whole body, the matter was informed to the nurses and doctors but they did not pay any heed. It was also noticed that the operation stitches were not properly done and some gaps were there. In view of such condition the patient was discharged on 05/09/2018. After taking to their residence at Joypur, Mogra and seeing the condition of the patient they contacted o.p. doctors over telephone and they were advised that the patient should be taken to the said hospital on 10/09/2018. Accordingly, the patient was taken on that date to the said hospital and she was admitted there. During the time of admission it was found that the patient suffered in respect of wound occurred due to such operation and she was in dying condition. On the next date i.e. 11/09/2018 another doctor of the hospital opined that fever had been continuing for seven days and the patient was referred to the medicine department of the said hospital on 11/09/2018, but the patient’s condition was so deteriorated due to such oozing of blood and the doctors declared that post operative sepsis and NSI dengue positive on 12/09/2018. After examination of the blood report the platelet was counted as 40000 i.e. much decreased from normal range i.e. 150000 – 450000, but no treatment was provided to the patient and ultimately the patient died on 12/09/2018 at 11.40 AM. On the basis of the said fact the complainant filed this case against the o.ps stating inter alia that due to medical negligence on the part of the o.ps the said patient died. As such, the complainant filed this case praying for direction upon the o.ps for compensation and litigation cost.
The o.ps. contested the case by filing w/v and denied all the material allegations of the complaint. In the w/v o.p. no.1 stated that o.p. no.1 is the Vice Principal as well as Superintendent of the Medical College. The said patient suffered from two fatal diseases viz. dengue with multi organ failure and other sepsis leading to multi organ failure which became life threatening to her. However, all possible medical assistance was rendered to the patient without any latches or negligence on the part of o.p. doctors. An enquiry committee was also constituted by o.p. no.1 wherein in was found that no prima facie evidence of any negligence regarding the treatment of the patient. The medical board reveals that the patient came to general surgery department on 30/05/2018 for the first time complaining dull aches pain on the right side of the abdomen for three months and also lower abdomen for two years. Thereafter, the patient attended general surgery OPD of the said hospital on 06/06/2018, 13/06/2018 and 27/06/2018. The doctors of the said general surgery OPD on 27/06/2018 advised the patient to get admission in the said department on 08/08/2018 but the patient failed and neglected to obey the advice of the treating doctor and did not attend the said department in time. The medical report reveals that the patient was admitted in the said hospital with bad condition of health and the date was fixed for undergoing choledochal cyst operation and she was admitted to the hospital on 22/08/2018 and underwent operation on 25/08/2018. The patient was closely monitored by the doctors of surgery department and was discharged on 05/09/2018. The medical report reveals that the patient was kept at her home without any direct medical supervision for five valuable days and thereafter brought back with critical condition on 10/09/2018. The medical record reveals that the patient was shifted from general surgery department to general medicine department on 11/09/2018. During admission of the patient nearest relatives accompanies with her submitted photo copies of two pathological reports done at Matrix Health Care Solution (private pathological laboratory) on 11/09/2018 wherefrom it reveals such information in writing. The patient was evaluated and managed time to time at the medicine ward. In the morning round on 12/09/2018 the patient was again assessed by visiting physician Professor Dr. Amit Kumar Banerjee, now deceased, and Asstt. Professor Dr. Raja Bhattacharya but the condition of the patient seemed very poor, the patient was drowsy with high respiratory rate, immediate pressure support was initiated since the blood pressure was falling. Both doctors opined that surgery care must be taken care of as it was not feasible in medicine ward. The surgery department agreed to transfer the patient to their side. But the transfer could not be carried out as the condition of the patient had further deteriorated. The o.p. no.1 also denied that there is any question of negligence on the part of the doctors and medicine department, moreover, presence of added infection is proven by serum procalcitonin test which was sent on 12/09/2018 and the report came later which proves that the patient was having severe sepsis at the time of admission in medicine ward. The ill fated patient was suffering from two fatal diseases viz. dengue with multi organ failure and other severe sepsis which led to multi organ failure. On the basis of said fact the o.p. no.1 stated that there is no negligence in rendering treatment to the said patient on his part and as such, the case is to be dismissed.
In the w/v the o.p. no.2 stated that there is no medical negligence on his part and proper treatment was provided to the said patient. The o.p. no.2 also adopted the w/v of o.p. no.1. On the basis of the said fact o.p. no.2 prayed for dismissal of the case.
In the w/v the o.p. no.3 stated that there is no medical negligence on his part and it was specifically stated that o.p. no.3 actually got only 1 ½ hour for rendering treatment to the said patient under the guidance of Prof. Dr. Amit Kumar Banerjee. Moreover, on 11/09/2018 (23.30 hrs.) when the said patient was shifted to medicine department of the said hospital in a critical condition at that time RMO and PG trainee of medicine department Unit-II of the said hospital appraised the condition of the patient to Prof. Dr. Amit Kumar Banerjee. The complainants were informed and explained the critical condition of the patient and simultaneously the complainants were admitted such fact in writing on the BHT of the patient. The patient suffered from two fatal diseases which dengue and multi organ failure and other sever sepsis leading to multi organ failure which became life threatening to her. In spite of best efforts made by doctors and hospital the patient expired. On the basis of the said fact the o.p. no.3 stated that there is no medical negligence on his part and the case is to be dismissed.
On the basis of the pleadings of the respective parties following points are to be decided :-
- Whether the said patient was treated at the said hospital?
- Whether there was any medical negligence and deficiency in service on the part of the o.ps.?
- Whether the complainants will be entitled to get the relief as prayed for?
Decision with reasons :-
All the points are taken up together for the sake of brevity and avoidance of repetition of facts.
It is the case of the complainant that the wife of the complainant no.1 and mother of the complainant no.2 Jyotshna Sadhukhan was treated in o.ps’ medical college and hospital for choledochal cyst operation in a paying bed and the complainants paid a sum of Rs.750/- @Rs.100/- per day. The doctors operated the said patient on 25/08/2018 and the operation charges was paid by the complainants. After operation when the patient was in paying bed the complainants noticed that from the operation area fluid was emerging and some blood spots were seen over the whole body, the matter was informed to the nurses and doctors but they did not pay any heed. It was also noticed that the operation stitches were not properly done and some gaps were there. In view of such condition the patient was discharged on 05/09/2018. After taking to their residence at Joypur, Mogra and seeing the condition of the patient they contacted o.p. doctors over telephone and they were advised that the patient should be taken to the said hospital on 10/09/2018. Accordingly, the patient was taken on that date to the said hospital and she was admitted there. During the time of admission it was found that the patient suffered in respect of wound occurred due to such operation and she was in dying condition. On the next date i.e. 11/09/2018 another doctor of the hospital opined that fever had been continuing for seven days and the patient was referred to the medicine department of the said hospital on 11/09/2018, but the patient’s condition was so deteriorated due to such oozing of blood and the doctors declared that post operative sepsis and NSI dengue positive on 12/09/2018. After examination of the blood report the platelet was counted as 40000 i.e. much decreased from normal range i.e. 150000 – 450000, but no treatment was provided to the patient and ultimately the patient died on 12/09/2018 at 11.40 AM. On the basis of the said fact the complainant filed this case against the o.ps stating inter alia that due to medical negligence on the part of the o.ps the said patient died. As such, the complainant filed this case praying for direction upon the o.ps for compensation and litigation cost.
It is the contention of the o.p. no.1 that o.p. no.1 is the Vice Principal as well as Superintendent of the Medical College. The said patient suffered from two fatal diseases viz. dengue with multi organ failure and other sepsis leading to multi organ failure which became life threatening to her. However, all possible medical assistance was rendered to the patient without any latches or negligence on the part of o.p. doctors. An enquiry committee was also constituted by o.p. no.1 wherein in was found that no prima facie evidence of any negligence regarding the treatment of the patient. The medical board reveals that the patient came to general surgery department on 30/05/2018 for the first time complaining dull aches pain on the right side of the abdomen for three months and also lower abdomen for two years. Thereafter, the patient attended general surgery OPD of the said hospital on 06/06/2018, 13/06/2018 and 27/06/2018. The doctors of the said general surgery OPD on 27/06/2018 advised the patient to get admission in the said department on 08/08/2018 but the patient failed and neglected to obey the advice of the treating doctor and did not attend the said department in time. The medical report reveals that the patient was admitted in the said hospital with bad condition of health and the date was fixed for undergoing choledochal cyst operation and she was admitted to the hospital on 22/08/2018 and underwent operation on 25/08/2018. The patient was closely monitored by the doctors of surgery department and was discharged on 05/09/2018. The medical report reveals that the patient was kept at her home without any direct medical supervision for five valuable days and thereafter brought back with critical condition on 10/09/2018. The medical record reveals that the patient was shifted from general surgery department to general medicine department on 11/09/2018. During admission of the patient nearest relatives accompanies with her submitted photo copies of two pathological reports done at Matrix Health Care Solution (private pathological laboratory) on 11/09/2018 wherefrom it reveals such information in writing. The patient was evaluated and managed time to time at the medicine ward. In the morning round on 12/09/2018 the patient was again assessed by visiting physician Professor Dr. Amit Kumar Banerjee, now deceased, and Asstt. Professor Dr. Raja Bhattacharya but the condition of the patient seemed very poor, the patient was drowsy with high respiratory rate, immediate pressure support was initiated since the blood pressure was falling. Both doctors opined that surgery care must be taken care of as it was not feasible in medicine ward. The surgery department agreed to transfer the patient to their side. But the transfer could not be carried out as the condition of the patient had further deteriorated. The o.p. no.1 also denied that there is any question of negligence on the part of the doctors and medicine department, moreover, presence of added infection is proven by serum procalcitonin test which was sent on 12/09/2018 and the report came later which proves that the patient was having severe sepsis at the time of admission in medicine ward. The ill fated patient was suffering from two fatal diseases viz. dengue with multi organ failure and other severe sepsis which led to multi organ failure. On the basis of said fact the o.p. no.1 stated that there is no negligence in rendering treatment to the said patient on his part and as such, the case is to be dismissed.
Ld. Lawyer for the o.p. no.2 argued that that there is no medical negligence on his part and proper treatment was provided to the said patient. The o.p. no.2 also adopted the w/v of o.p. no.1. On the basis of the said fact o.p. no.2 prayed for dismissal of the case.
Ld. Lawyer for the o.p. no.3 argued that that there is no medical negligence on his part and it was specifically stated that o.p. no.3 actually got only 1 ½ hour for rendering treatment to the said patient under the guidance of Prof. Dr. Amit Kumar Banerjee. Moreover, on 11/09/2018 (23.30 hrs.) when the said patient was shifted to medicine department of the said hospital in a critical condition at that time RMO and PG trainee of medicine department Unit-II of the said hospital appraised the condition of the patient to Prof. Dr. Amit Kumar Banerjee. The complainants were informed and explained the critical condition of the patient and simultaneously the complainants were admitted such fact in writing on the BHT of the patient. The patient suffered from two fatal diseases which dengue and multi organ failure and other sever sepsis leading to multi organ failure which became life threatening to her. In spite of best efforts made by doctors and hospital the patient expired. On the basis of the said fact the o.p. no.3 stated that there is no medical negligence on his part and the case is to be dismissed.
Considering the submissions of the respective parties it is an admitted fact that the wife of the complainant no.1 and mother of the complainant no.2 Jyothsna Sadhukhan was treated at the said hospital and the patient underwent choledochal cyst operation and for the purpose of the said operation the patient was admitted on 22/08/2018. It appears from the materials on record that after examination of the said patient the general surgery department of the hospital advised to get admission in the hospital on 08/08/2018, but the patient failed and neglected to obey the advice of the treating doctor. After lapse of the 14 days at about 4.0PM the patient arrived in the emergency department of the hospital in a critical condition. The complainants have stated that the said patient was admitted in good health condition cannot be accepted since prior to her admission in the said hospital she was asked to get admission in the said hospital on 08/08/2018 and subsequently after lapse of the 14 days she had been emergency department in critical condition and seeing her condition she was admitted to the said hospital on 22/08/2018 in general surgery department. During her stay in the hospital she underwent choledochal cyst operation on 25/08/2018 and during her treatment she was provided all sorts of medical advice and blood transfusion was made on 24/08/2018 and 27/08/2018. The patient was closely monitored by the doctors of surgery department and she was discharged on 05/09/2018. Thereafter the patient was taken to her house and the complainants have stated that they noticed some injury on her operated portion and fluid was coming out. In order to substantiate the said allegations the complainants could not produce any substantive evidence to corroborate the said fact. It appears from the materials on record that o.ps filed evidence and the complainants were given opportunity to put questionnaires to o.ps but the complainants did not put any questionnaire to o.ps. The o.ps in their evidence categorically stated that the patient was treated properly by them. It appears from the materials on record that on the basis of the complaint lodged by the complainant no.1 a medical board was formed and the medical board submitted an enquiry report wherein it was opined that the patient suffered from one surgical ailment (choledochal cyst) which was treated accordingly by surgery and was discharged in favourable condition on 05/09/2018. On 10/09/2018 the patient was readmitted with fever and skin rash, upon investigation NSI was positive with low platelet count and grossly reduced hemoglobin and as such, the patient was investigated thoroughly and treated accordingly with combined consultation of general medicine department and general surgery department. However, the response to the treatment was not satisfactory. The general condition of the patient as well as blood parameters including HB percentage and platelet count was not improving and ultimately the patient expired on 12/09/2018 within 48 hours of admission. The enquiry committee found no prima facie evidence of negligence regarding the treatment part of the patient. On the basis of the said report it is crystal clear that both surgery department and medicine department took active part in treating the said patient. The complainants in order to counter the said observation of the medical board could not produce any expert’s opinion to substantiate their allegations that there was medical negligence on the part of o.ps. The complainants have also failed to appear before this Forum and to highlight the points in favour of their case, but they also neglected to appear before this Forum to highlight those points in their favour to substantiate the allegations against the o.ps. Having regard to the facts and circumstances of the case, we hold that since no corroborative evidence has been produced by the complainants to substantiate the allegations of medical negligence against the o.ps thereby we hold that the case filed by the complainants has got no merit and the complainants will not be entitled to get any relief as prayed for. Thus all the points are disposed of accordingly.
Hence, ordered,
That the case no.59/2019 is dismissed on contest without cost against the o.ps.
