DR. S. M. KANTIKAR, MEMBER 1. The complainant’s son Master Debottam Kundu (since deceased, referred as a ‘patient’) was diagnosed as a case of Acute Lymphoblastic Leukemia (ALL) and he was admitted in Kothari Nursing Centre (OP-1) on 20.06.2001 under the care of Dr. N. K. Tapadia. The OP-1 engaged Dr Ashish Mukherjee, Oncologist (OP-2) to examine the patient and for further management. The bone marrow study revealed the Lymphoblast 80%, thus, the diagnosis of ALL was confirmed. It was alleged by the complainant that on 29.06.2001, one nurse of OP-1 Hospital, who was deputed by OP-2 to collect the blood of the patient, was unskilled and inexperienced, pushed the syringe on the dorsal aspect of right hand of the patient piercing the muscle, but she could not trace the vein. It caused serious damage to the hand of the patient and the patient became unconscious. Thereafter, the condition of the patient went on deteriorating. On 25.07.2001, Dr. D. R. Anklasaria of Woodland Nursing Home was called in as expert to examine the patient, he diagnosed that it was a Central Gangrenous skin and opined for debridement under General Anaesthesia (G.A.) and skin grafting by Plastic surgery. The Plastic and reconstructive surgery was performed by Dr. K. S. Chhajer of CMRI Hospital alongwith Dr. C. M. Banerjee. Even after the surgery, the patient’s condition went on deteriorating. The patient was subjected to chemotherapy for six months costing to the tune of Rs. 3 lakhs, but unfortunately, on 16.07.2002, the patient died. 2. Due to alleged negligence causing the death of his child, the complainant filed the complaint before the State Consumer Disputes Redressal Commission, West Bengal (hereinafter referred to as ‘the State Commission’). 3. The OPs resisted the complaint by filing written version and denied the negligence during treatment. The death of the patient was due to the fatal disease ALL. The development of gangrene was not due to the treatment of ALL. 4. On the basis of pleadings, the State Commission dismissed the complaint. Being aggrieved by the order of the State Commission, the complainant filed the present first appeal before this Commission. 5. We have heard the learned counsel for the parties. The learned counsel for the complainant vehemently argued and made submissions similar to the facts filed before the State Commission. It was argued on behalf of the respondent/OP that the chemotherapy for ALL was given to the patient and then the condition of patient improved, but there was ulcer developed on the dorsum of the hand. It was also submitted that the patient was repeatedly admitted and discharged eight times and on the 9th occasion, the patient was in very serious condition because of relapse of ALL. The learned counsel further submitted that the death certificate has mentioned about the cause of death as Cardio-Respiratory failure and there was no mention about the gangrene. The patient survived for one year with the proper treatment, therefore, there was no lapse in the treatment for ALL. 6. We have given our thoughtful consideration to the arguments of the parties. We have perused the entire medical record and relevant medical literature from various medical textbooks on haematology and haemato-oncopathology. As per medical record, in our view, the patient was diagnosed for ALL after proper investigations. He was given blood transfusions and chemotherapy as a standard protocol. He was continuously under supervision of the doctors and the hospital staff. On 25.07.2001, the record revealed an ulcer in dorsum of the right hand at the site of IV line. Accordingly, OP-2 put a referral note to Dr. Darius Anklesaria of Woodland Hospital. At the same time, the swab was taken from the wound for Culture and Sensitivity (C/S) . According to Dr. Anklesaria, it was a gangrenous ulcer of the right hand. Further, a Plastic surgeon tried to correct the gangrenous part by Plastic surgery. 7. In our view, on the basis of medical literature and text books on the Hematology, the Acute Lymphoblastic Leukemia, is invariably fatal. As the patient underwent chemotherapy, which further resulted into immuno suppression, which was also the cause of non-healing ulcer in the skin. The patient was given multiple IV transfusions, the same may be the cause for thrombosis in the veins in dorsum of the hand. The death of the patient was due to grave prognosis of ALL, despite chemotherapy and all necessary measures. It was not due to the gangrene or Plastic surgery. The OP had treated the patient as per the standard norms. Also the OP-2 made proper assessment and called for the reference needed for further management by Plastic surgeon. 8. On the basis of foregoing discussion, we do not find any merit in the instant appeal, which needs any interference in the well-reasoned order of the State Commission. The first appeal is hereby dismissed. |
