No. 4/30.06.2011.

HON’BLE JUSTICE SRI PRABIR KUMAR SAMANTA, PRESIDENT.

Both sides are present through their Ld. Advocates.  This appeal has been filed against the judgement and order of dismissal of the complaint case.  The complaint case was as to medical negligence by the O.Ps.  The wife of the Complainant was admitted into the O.P. No. 1 – nursing home for giving birth to a child under O.P. No. 2 – doctor.  Unfortunately the said patient died at Sadar Hospital, Jalpaiguri where she was ultimately transferred for better treatment.  The Death Certificate revealed that the patient had died of septicemia.  It has been alleged in the complaint petition that the O.P. No. 1 – nursing hone in which the wife of the Complainant was admitted for giving birth to the child was very unclean and as such after giving birth to the child she developed septicemia which resulted in her death.  It has also been alleged in the complaint petition that further due to medical negligence on the part of the O.P. No. 2 such septicemia  developed in the patient.

It is evident from the records of this case that as soon as the patient developed complication she was transferred to another nursing home namely O.P. No. 3 from which she was again transferred to Sadar Hospital at Jalpaiguri for better treatment.  No allegation, however, has been made against the said O.P. No. 3 or the Sadar Hospital at Jalpaiguri.  Furthermore, no evidence whatsoever has been produced by the Complainant to establish that because of uncleanliness in the nursing home such septicemia had developed in the patient nor any specific evidence has been led by the Complainant as to the particular negligence on the part of the O.P. No. 2 for which such septicemia had developed in the patient.  It has been submitted on behalf of the OP/Respondents that the Complainant had sought for an expert opinion for which a Board was constituted by three medical doctors.  Their report is lying in the records of the complaint case.  The said Board also did not opine that because of such uncleanliness in the nursing home or of any medical negligence on the part of the O.P. No. 2 the patient had developed septicemia which resulted in her death.  In these facts and circumstances we do not find any illegality in the impugned order dismissing the complaint case.  The appeal is accordingly dismissed.