DATE OF FILING                    :      06-02-2013.

DATE OF S/R                            :      04-03-2013.

DATE OF FINAL ORDER      :     03-06-2013.  

Sri Bechuram Sarkar,

son of late Biswanath Sarkar,

residing at 12/39, Satish Chakraborty Lane,

P.S. Bally,

District – Howrah.--------------------------------------------------------------- COMPLAINANT.

-          Versus   -

Dr. Tara Shankar Bhattacharjee,

attached with Howrah District Hospital,

P.O. P.S. and District – Howrah,

PIN  – 711101.-----------------------------------------------------------------OPPOSITE PARTY.

                                                P    R    E     S    E    N     T

President     :     Shri T.K. Bhattacharya, M.A. LL.B. WBHJS.

Member      :      Shri P.K. Chatterjee.

Member       :     Smt. Jhumki Saha.

                                                 F  I   N   A    L       O   R   D    E     R

1.                   It is a case of an unfortunate father, namely, Sri Bechuram Sarkar, herein

complainant whose son, Sumit Sarkar,  lost his left arm as he was injured on his left hand upto wrist by an accident while playing foot ball in his locality on 05-06-2010 at about 6-30 a.m. Immediately after being injured he was brought to Belur State General Hospital where after providing some first aid, he was advised to be taken to Howrah District Hospital  vide annexure xerox copy of the ticket for out-door patient dated 05-06-2010 of Belur State General Hospital. According to their advice, Sunit Sarkar was brought to Howrah District Hospital and after obtaining outdoor ticket, he was examined by the visiting orthopaedic specialist, Dr. T.S. Bhattacharya, herein O.P. who asked him to do x-ray of injured portion of left arm which was done immediately vide annexure xerox copy Electro  Therapeutic Department of Howrah District Howpital. After going through the x-ray plate, the said Dr. T.S. Bhattacharya, O.P. advised and prescribed some medicines vide annexure prescription dated 05-06-2010, dressing of the cuts and injury coupled with casting plaster on and above the cuts with a direction to visit on 09-06-2010 next in an empty stomach. It is also alleged by the complainant that although patient was given the medicines as per O.P.’s prescription, the pain of the left hand was increasing beyond control which led to the patient’s loss of sense during noon time on 06-06-2010.  Then the patient was brought to Uttarpara State  General Hospital where he was treated at emergency and the complainant was asked to transfer his son to Kolkata Medical College. The patient was brought to Kolkata Medical College where visiting on duty doctor advised to do C.T. Scan money receipt dated 06-06-2010 along with doctor’s instruction dated 06-06-2010 on which the word “URGTENT’ was endorsed. Immediately after going through the  C.T. Scan report, the attending doctor of Kolkata Medical College asked the complainant to take him to an orthopaedic surgeon  immediately as he was also under assumption that the left hand of Sumit might  have to be amputed to save his life. Again the patient was brought to Belur Sramajibi Hospital but was refused by them. Ultimately the patient  was admitted to a private hospital at Kotrung under P.S. Uttarpara.  There under the supervision of Dr. Debasish Sarkar, the patient got treatment and finding no other alternative and under compelling circumstances, on 07-06-2010 the left hand of the patient, Sumit Sarkar, was  amputed. After a long treatment at the said hospital, on 04-07-2010, the patient was released. And it can be said that the patient could narrowly escape his death. It is further stated by the complainant that on discussion with different doctors at different hospitals, he came to know that due to gross negligence on the part of the O.P. Dr. T.S. Bhattacharya as he did not give proper care and treatment to Sumit, Sumit had to lose his left hand forever. He was left as a permanent  physically handicapped person at his very young age. The patient along with his relatives were thrown into indescribable mental trauma, which could never be compensated in any way. Complainant wrote letters to different authorities like Super of Howrah District Hospital, Health Director, Government of West Bengal, Principal Secretary to Health Department, Human Rights Commission etc. vide annexure xerox copies of all such letters, praying for justice by way of taking actions against the O.P. Even he wrote to the then Chief Minister of West Bengal praying for proper justice for his son for such gross medical negligence meted out to his son. But all his efforts went in vain. Being frustrated and finding no other alternative, the complainant filed this instant petition U/S 12 of the C.P. Act 1986 ( as amended upto date ) praying for a direction to be given upon the O.P. to pay an amount of Rs. 15,00,000/- as compensation along with litigation cost as the  Forum may deed fit and proper.

2.                  Notice was served upon O.P. from this Forum. But it was returned to this

Forum with the postal endorsement ‘Intimation’ on 19-02-2013 and thereafter another endorsement ‘unclaimed’. Even then Forum gave the opportunities to O.P. to appear and file written version. But till the final hearing, i.e, on 14-05-2013, O.P. neither appeared nor filed any written version. So, the case was heard ex parte.

3.   Upon pleadings of both parties two points arose for determination :

i)          Is there any deficiency in service on the part of the O.P.  ?

ii)                  Whether the complainant is  entitled to get any relief as prayed for ? 

DECISION  WITH   REASONS      :

4.      Both the points are  taken up together for consideration. We have carefully gone

through the petition of complaint and its annexures and noted their contents. On the very face of the case, it is apparent that the O.P. Dr. T.S. Bhattacharya did not exercise even normal degree of care which is  expected from a person having such degree of M.S. Orthopaedic in giving treatment to the patient. From the discharge summary dated 04-07-2010 given by the Private Hospital of Kotrung, where the left hand of Sumit was amputed, it reveals that primarily they tried to save his left hand by way of giving ‘Fasciotomy’ treatment  but it failed. And ultimately to save the life of  Sunit, his hand was required to be amputed and there was no other alternative. In our opinion, if this ‘Fasciotomy’ treatment would have been given to Sumit on the very first instance on 05-06-2010 at Howrah District Hospital, Sumit’s left hand could have been saved. But O.P. took it very casually that led to the amputation of left hand of Sumit. For us, general public, a doctor is a God. As we pray before the Almighty  God, we do the same thing before a doctor, with folded hand and eyes full of tears ; we utter, ‘Doctor’ save my child’s  life.’ And when that God having human body does not have even the minimum degree of responsibility, where general public will go ? At this very childhood, Sumit has lost his valuable limb which is unbearable even for us. So it is easily understandable what happened to his parents. Apart from this emotional aspect, we are also to consider his physical and financial hardship that he is compelled to face in his entire future. It can even destroy his mental strength as he has been reduced as a ‘Hadicapped Person’ And it is also to be considered that even after having knowledge of summon of this Forum, O.P. did not care to appear before this Forum neither he filed any written version for contesting the case, So, it is very well understood that O.P. has nothing to put forward in his favour. And for us, there is no difficulty to accept the unchallenged testimony of the complainant. We cannot return his original hand but we are of the candid opinion that it is a fit case where the prayers of the complainant should be allowed.      

      Hence,                 

O     R     D      E      R      E        D

      That the C. C. Case No. 31  of 2013 ( HDF 31 of 2013 )  be  allowed on contest with  costs  against  the O.P. 

      That the O.P. is  directed to pay an amount of Rs. 10,00,000/- as compensation and Rs. 20,000/- as litigation costs to the complainant within one month from the date of this order i.e. the entire amount shall carry an interest @ 10% p.a. till actual payment.

      The complainants are at liberty to put the decree into execution after expiry of the appeal period.

      Supply the copies of the order to the parties, as per rule.

DICTATED  &    CORRECTED

BY   ME.  

      (  Jhumki Saha  )                                                                  

  Member, C.D.R.F.,Howrah.

 ( Jhumki Saha )                         ( P. K. Chatterjee )                (T.K. Bhattacharya  )

 Member,                                     Member,                                President,

 C.D.R.F.,Howrah.                     C.D.R.F.,Howrah.                 C.D.R.F.,Howrah