DIST. CONSUMER DISPUTES REDRESSAL FORUM
NORTH 24 Pgs., BARASAT.
C. C. CASE NO. 536/2014
Date of Filing: Date of Admission Date of Disposal:
24.09.14 26.09.2014 14.05.2015
PETITIONER = Vs. = O.Ps.
Sri Tapash Kumar Saha, Dr. Tushar Kanti Ghosh,
S/o. Late Amrita Lal Saha, Director of Ghosh E. N. T Foundation
18A, R.P.N. Road, North, FE- 350, Sector-III, Salt Lake,
Old Post Office Para, (Near Tank No. 12 & GD Market)
Cooch Behar Town, Kolkata- 700106,
P.S. Kotwali, West Bengal.
P.O. & Dist- Cooch Behar.
J U D G E M E N T
The fact of the case, in short, is that the O.P is an E.N.T Specialist doctor and is a Director of E.N.T Foundation known as “Ghosh E. N. T. Foundation”, situated at FE-350, Salt Lake, Sector- III, Kolkata- 700106 within the jurisdiction of the Ld. Court.
The complainant stated that he is suffering from C.E.O.M. e C.P (L.E) since a long time and proceeded to O.P for his treatment on 06.03.14.
The complainant further stated that he is a patient of “Mild Haemophilia” and at the time of visit with the O.P the same was informed accordingly on 06.03.14 with supporting medical papers i.e. the medical advice of Dr. Soumya Bhattacharya’s Dr. 13.01.09.
The complainant also stated that the O.P examined the complainant thoroughly and advised for some clinical and pathological test and after perusal of all the reports the O.P decided for an operation in the left ear of the complainant which medically termed as “Tympanoplasty” (LE LA” and accordingly advised the complainant to take admission in his clinic i.e. Divine Nursing Home Clinic, Kolkata at 10.00 A.M on 08.03.14 and on the same day at about 3.00 P.M the O.P performed the operation on the left ear of the complainant.
Dictated and corrected Contd. …. 2/-
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The complainant further stated that he was released on the next day i.e. on 09.03.14 from the Nursing Home and the complainant paid a sum of Rs. 18,000/- to the O.P towards the operation charges and other costs as a ‘package’.
The complainant also stated that the doctor – O.P opined to the complainant that though he is a patient of “Mild Haemophilia” there is no necessity of any worried regarding the problem of “Haemophilia” and the O.P will take all the responsibility and assured the complainant that there will be no problem in the ‘Operation’ as well as in the post operation period as because the whole operation have been made very successfully. After discharge from the Nursing Home, the complainant went to the house of the relative at Kolkata to take rest.
The complainant further stated that he was feeling uneasy in the ‘Left Ear’ from the midnight on 09.03.14 as because the complainant realized that blood are oozing from his ‘Operated Ear’ and the bandage on the left ear as well as the pillow became wetted with blood.
The complainant also stated that the complainant and his family members being puzzled rushed to met with the Dr. Tushar Kanti Ghosh on 10.03.14 morning with the problem of bleeding on the operated ear and the O.P opened the bandage and examined the operated ear and pushed some injection by his own and make a fresh bandage on the operated ear of the complainant and assured that it is a normal phenomenon and there is no matter of creating any tension and the oozing of blood will be stopped immediately and the complainant was released to proceed his residence and the relevant treatment was not mentioned excepting prescribing some medicines on the backside of the ‘Discharge Certificate’ by the O.P in his prescription dated 10.03.14.
The complainant further stated that after returning to his house the complainant again realized that oozing of blood in his operated ear was not stopped at all, which is still going on and finding no other alternative the complainant on 14.03.14, against met with the O.P with the same problem of bleeding.
The complainant also stated that the O.P on 14.03.14 again unfolded the bandage and examined the operated ear and prescribed several medicines and assured that time the bleeding will be stopped soon.
The complainant further stated that in course of visit with the O.P, the O.P roughly behaved with the complainant, when the complainant again reminded,
Dictated and corrected Contd. …. 3/-
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that he is a patient of “Mild Haemophilia” and the treatment is not properly taken care and by this time the complainant realized that after the operation the O.P i.e. Dr. Tushar Kanti Ghosh gave him false assurance that ‘his operation was made successfully’.
The complainant also stated that with the medicine prescribed by the O.P on 14.03.14 for stopping the bleeding yet not stopped the oozing of blood of the complainant and as such the complainant was to visit again with the O.P on 17.03.14.
The complainant further stated that on 17.03.14 the O.P became angry and furious with the complainant and prescribed a vitamin ‘K’ injection for 4 days for the treatment of “haemophilia”.
The complainant also stated that again reminded the O.P that being a patient of “Haemophilia” he is then required ‘Factor VIII’- injection but the O.P did not pay any heed to the request to the complainant.
The complainant further stated that since the bleeding was not stopped the complainant on 18.03.14 visited Dr. Soumya Bhattacharya who examined the complainant without opening the bandage and advised the complainant to vist with Dr.Dev Roy, ENT of Apollo Gleneacles Hospital, Kolkata and accordingly went to Dr. S. Bhattacharya who refused to make any treatment without opening the bandage and suggested Factor VIII injection for ‘Haemophilia’.
The complainant also stated that on 22.03.14 the complainant again went to the O.P since the bleeding was not stopped and the O.P examined the complainant and prescribed some medicines along with vitamin ‘K’injection again without feeling the importance of pushing Factor VIII injection which was an essential injection and urgent need for the recovery of the complainant. But the O.P suggested that the complainant is O.K. now. Though bleeding was not stopped from the operated ear till date.
The complainant further stated that the complainant and all his relatives were astonished and puzzled due to the serious conditions like ‘oozing of blood’ developed after the operation of the complainant and finally finding no other alternative, the complainant was taken on 24.03.14 at Apollo Gleneagles Hospital, at Kolkata where the complainant was admitted on 25.03.14 under the treatment of Dr. Soumya Bhattacharya, Hematologist who examined the complainant and observed that the complainant undergone left sided tympanoplasty for CSOM on 08.03.14 outside without proper haemastitic cover following that the complainant suffering with continuous bleeding from operation site and was admitted for further treatment under Dr. Dev Roy, ENT of Apllo Gleneagles Hospital.
Dictated and corrected Contd. …. 4/-
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The complainant also stated that the complainant was under the treatment of Dr. Dev Roy for the period from 25.03.14 to 29.03.14 and became free from oozing of blood and the complainant was discharged in a stable state after taking clearance from Dr. Dev Roy who finally recovered the complainant from the critical stage by injecting of Factor VIII at a rate of 100 unit per hour totaling 2500 unit over a period of 24 hours when the factor level increased to 31.7% from 8% .
The complainant further stated that the O.P proved himself that he has a gross medical negligence, made a wrong treatment, using unfair practice during the course of treatment of the complainant since the O.P did not take any care of ‘Haemophilia’ condition of the complainant and more so, did not referred to any Haematologist prior to the operation of the complainant.
The complainant also stated that in the post of operative treatment, the O.P did not pay any heed to the protection of ‘Haemophilia’ condition of the complainant and did not inject the essential Factor VIII injection which was the only remedy of the complainant to stop oozing of blood from the operated ear.
The complainant further stated that he had to suffer both mentally and physically as well as financially due to irresponsibility, negligence/ wrong treatment done by the O.P.
The complainant also stated that the complainant is still suffering in the operated ear with the problem of hearing which has been caused due to wrong and negligent treatment of the O.P and as such the complainant is entitled to get compensation for wrong and gross medical negligence and deficiency in service of the O.P. Hence the complaint.
The O.P has not turned up to contest the case. Hence the case has been taken up for exparte hearing.
Point for Decision:-
Whether the complainant is entitled to get any relief as prayed for?
Decision with Reasons
The complainant has submitted affidavit-in-chief and also all the documents to prove his case.
Annexure ‘A’ is the prescription of Dr. Soumya Bhattacharjee, annexure ‘B’ series are the treatment sheets.
Dictated and corrected Contd. …. 5/-
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By examining the annexures “B, C,D, E,F,G”, we are convinced that the complainant suffered due to negligence of the treatment of the O.P. We are also convinced that the complainant had to suffer both mentally and physically as well as financially due to irresponsibility, negligence/ wrong treatment done by the O.P. The complainant is still suffering in the operated ear with the problem of hearing which has been caused due to wrong and negligent treatment of the O.P.
Hence
Ordered,
that the complaint be and the same is allowed exparte against the O.P.
The O.P is directed to pay Rs. 2,00,000/- as compensation to the complainant due to wrong treatment and deficiency in service and also Rs. 25,000/- as litigation cost to the complainant within one month from the date of this order, failing which O.Ps shall have to pay sum of Rs 250/- per days from the date of this order till it realization, as punitive damages, which shall be deposited by the OPs in this State Consumer Welfare Fund.
Let copies of the order be supplied to the parties free of cost when applied for.
Member Member President
Dictated & Corrected by me.
