DATE OF FILING-30.8.2007

                                                                                          DATE OF DISPOSAL-19.2.2014

                                                                                                 O R D E R 

Miss S.L.Pattnaik,President

            Alleging  deficiency in service on the part of the Opposite Party, the complainant Smt.Labanga Nayak, in the complaint, filed by the complainant,  prayed for a direction to the Opposite Party to pay compensation to the tune of Rs.3,00,000/-(Rupees three lakhs) in total towards deficiency in service, mental agony, harassment ,physical loss and cost of litigation.

            The complainant alleges that on 29.9.2004 she got admitted in the Nursing Home of the  Opposite Party as an Indoor Patient for complain of fever at about 10.00 P.m.    She further alleges that she paid a sum of Rs.18,000/- in total to Opposite Party Nursing Home towards charges of the Nursing Home.  But due to wrong treatment of the Opposite Party, her health condition was deteriorated,  so she was  to shift and admit at M.K.C.G. Medical College and Hospital, Berhampur(hereinafter referred to as MKCG Hospital).  The Doctors of MKCG Hospital opined that due to wrong treatment made by the Opposite Party her condition was so deteriorated.  Her condition was so critical that the fingers of the complainant were became septic and the doctors had no other resort but to ampute fingers of her legs.  She remained in the MKCG Hospital for about four months and by the way she not only loose her fingers of her legs but also sustained financial loss considerably.  She claims that all those irreparable loss happened due to wrong diagnosed and  improper treatment made by the Opposite Party which according to her is gross negligence and deficiency of service on the part of the Opposite Party.  Hence, this case for payment of compensation as stated above for such irreparable loss committed by Opp.Party.

2-         The Opposite Party entered its appearance through his learned counsel and filed the written version wherein he has resisted the allegations of the complainant.  It is stated by the Opposite Party that the complainant was suffering from Cerebral Malaria with acute renal failure and anemia and admitted in his Nursing Home on 29.9.2004 as an Indoor patient.  She remained in the Nursing Home for about 6 days and during her stay she was being given proper treatment as required for Cerebral Malaria.  Thereafter ,she shifted to MKCG Hospital.  It is further clarified that  the Cerebral Malaria is a dreaded disease in which the complainant was suffering.  Inspite of proper treatment, complications may arise which may lead to gangrene over the periphery of the body mostly over the toes and hand respectively.  In such situation, amputation of the said affected parts is almost a must for the survival of the patient.    It is, thus, contended that the treatment given by him was proper and rightly required for the patient like the complainant when she admitted in his Nursing Home.  It is further stated that in view of repeated complaints of the complainant, the Hospital authority appointed a High Power Committee consisting al professors of the Departments of MKCG Hospital to enquire in the matter.    The said Committee after going through the matter came to the conclusion that the Opp.Party correctly diagnosed the disease of the complainant and prescribed medicines appropriate to the disease.   Similarly, the Health Minister appointed another Committee for re-enquiry in to the matter  who also opined that the allegations made by the complainant were found to be false.  Subsequently, the complainant lodged a report in B.N.Pur  Police Station Case No.265/2004 and after investigation the police in the Final Form reported in favour of the complainant.  In view of the above facts, the Opposite party prayed that the allegation of the complainant has no basis and falsely implicated the case against the Opposite Party for which it is liable to be dismissed with cost. In his support, the Opposite Party  referred to the decisions as reported in 2005(32) O.C.R. page 175 and 2005(2) Acquittal page 105.

3-         In support of their respective cases, both the parties filed certain documents which are placed on record.      On the date of hearing, both the parties were absent on repeated call.   Since it is an old case, we took up the case on merit taking into account the voluminous documents filed by both the parties.  

4-         It is an admitted fact that the complainant was under the treatment of Opposite Party at his Nursing Home  on 29.9.2004 for a period of six days.  The complainant claims that during her treatment at the Nursing Home of the Opp.Party, the treatment given by the doctor was not applicable to the disease in which she was suffering as a result her health became deteriorated and she became seriously ill and desperately shifted to MKCG Hospital for better treatment.  On the other hand, it is the contention of the Opposite Party that during her staying at his Nursing Home, the complainant was diagnosed rightly and applied proper medicines.  It is further contended that the complainant was suffering from cerebral malaria which is a dreaded disease which may lead to gangrene over the periphery of the body and mostly over the toes and hand respectively.  The complainant’s claim is that due to negligence and wrong treatment of the Opposite Party she has to lose her fingers of the legs.

5-         The case of the complainant was so sensational that the Health Minister of the Government of Odisha interfeared in the matter and constituted a Committee to give their report on the allegations of the complainant.  In the meantime, the Hospital Authority also constituted a High Power Committee consisting of three Professors and one Doctor of the MKCG Hospital to enquire into the matter of the complainant.   The copy of  report of the Enquiry Committee  has been filed by the Opposite Party.  For the better adjudication and appreciation of the case at hand, we perused the Enquiry Report of the Professors of MKCG Hospital.  On perusal of the above enquiry report it reveals that the patient was not directly gone to the Opposite Party Nursing Home.   She first consulted to another reputed doctor of the locality viz.Prof. R.K.Satpathy,Ex-HOD, Paediatrics and Principal of  MKCG Hospital who referred her to go to Dr.Uma Shankar Mishra(O.P) for her treatment.  During her stay in O.P’s Nursing Home, she was treated for cerebral malaria with acute renal failure and septicaemia.  During her treatment, she developed with gangrene on the body and thereafter she intended to shift to MKCG Hospital.  However, the Committee concluded with their report after investigating the matter that the treatment at Nursing Home of the Opposite Party was correct and there was proper diagnosis of complicated  cerebral malaria, acute renal failure, septicaemia. The treatment made by Dr.Uma Shankar Mishra was in the line of treatment given in MKCG Hospital.   It is also clarified that gangrene of toes and patchy, dis-colouration on the body and ulceration on the back are due to complication of D.I.C. which is commonly found in the case of cerebral malaria.  It was also noted that the complainant had paid Rs.3,000/- towards Nursing Home charges.

6-         In view of the above facts and findings of the Committee consisting of professors of the MKCG Hospital with regard to the  allegations made by the complainant against the Opposite Party, it is clear that the treatment adopted by the Opposite Party in his Nursing Home was applicable for the treatment of Cerebral Malaria which was the disease of the complainant when she admitted in the said Nursing Home.  The medicines prescribed by him as per the report of the committee were also appropriate for the complainant’s disease.  During her treatment no negligence was found out from the side of the Opp.Party.  No documen before us prove the incompetency or wrongful act of the Opposite Party.  For proper adjudication of any medical negligence, the opinion of the expert are required to be followed.  But in the instant case when the report of a Committee consisting of professors on the particular case of the complainant is available with us, in this circumstance, we do not feel it necessary to call for any opinion of expert. So considering the report of the Committee consisting of professors of the MKCG Hospital, we are of the considered opinion that there is no negligence, latches or incompetency in treatment given by the Opposite Party during her treatment at Berhampur Seva Sadan.    So there is no deficiency in service ruled out against the Opposite Party for the treatment of the complainant.

6-         In view of the above and considered to the facts of the case, we do not find any merit in the complaint petition of the complainant.  Hence, the instant consumer complaint stands dismissed without any order as to cost.

            Copy of the order be furnished to the parties free of cost.

            Dictated and corrected by me on this 19th day of February,2014

            I AGREE(MEMBER)         I AGREE(MEMBER)               PRESIDENT