The present complaint case has been filed by the complainant Manas Das against the above opposite partys for giving wrong treatment to the complainant and claimed rupees – 3500 as principal amount rupees – 5 lakh as compensation and rupees – 10,000 as cost of litigation.
The complainant case in brief is that complaint Manas Das was under treatment of Doctor – Ramesh Verma about 44 days but no effect of medicine to him and he became very weak, then he was referred to Suri West Bengal – 18.04.14 for better treatment where he got treatment by Dr. A. Roy and that from treatment he became well. He further alleged that diagnostic center Dumka sadar hospital as given wrong report about his typhoid and also alleged that report of diagnostic center and Dr – Ramesh Verma both are totally wrong due to their wrong complainant might lose their life.
After notice both the opposite party appear and filed written statement – reply by the opposite party no. (1) who is in charge medical officer diagnostic center Dumka on 08.08.14. He has a stated that 09.05.14 he received the information about the allegation and on 19.05.14. He asked from complainant the original copy of investigation report but he filed adduce the original report before him. He further stated that regarding allegation that the report of pathology center dumka was not totally wrong, In this regard he has stated that there is no his signature upon the any report he is simply in charge of the diagnostic center dumka for supervisition the work of said center. The diagnostic center dumka works under hospital management commit dumka which comes under the civil surgeon dumka. He further stated that pathology report issued by dreamland diagnostic center, Madrash road, Suri of Manas Das that diagnostic center dumka has given wrong report - totally false. He also requested that investigation report of dreamland Suri dated – 23.04.13 but the medical officer has given advised on 22.04.14 apparently there is mistake of date for which he directed the complainant by his letter dated – 19.05.14 but he failed to complaint the complaint simply says on the basic prescription of Dr. A. Roy of Suri that he has no typhoid. He further stated he is not responsible for any damages cause to the complainant. He also stated in his letter dated - 19.05.14 and also Widal test report of Manas Das done by Dream land diagnostic center dated – 22.04.13 and also prescription of Dr. A. Roy date 22.04.14, there is typhoid to the complainant.
The opposite party no.(2) has also filed written statement on 13.09.14 he totally denied the allegation of the complainant and said that all the Assertion, Allegation, Document and Concocted. The complainant petition is not maintainable in the eye of law or facts and circumstances against the opposite party and liable to be dismissed with cost. The complainant doesn’t disclose any cause of action against this responded. The complainant has as not mention in his petition that what report or diagnostic test was wrong nor submitted any document in this regard to show that diagnostic done by the respondent was false. The complainant is guilty of deliberate suppression of various material fact and also misrepresent the true fact only to get favorable order from this court. The further submitted that there is no deficiency in service (treatment) on part of this responding. He further said that he examine complainant on 25.02.14 and was advised to blood test (Widal test) and also other test on the report of widal test it was found that complainant had typhoid and accordingly he advise to take medicine but due to negligence of the petitioner he not cure completely there for he refer him to Dr. A. Roy Suri and after examination Dr. A. Roy also found that complainant was suffering from typhoid and he also given on same medicine of same composition. As such this respondent is not responsible for any wrong treatment and the complaint petition of the complainant is liable to be dismiss to cost.
The point for determination in this case wheather complainant is entitled got any relief or reliefs as claimed ?
Finding
The complainant in support of his case filed the affidavit C.W. – 1 Dinesh Kumar Singh, C.W. – 2 Bam Kumar Das and C.W. – 3 Manas Das and also filed the following document evidence.
Exhibit 1 – Outdoor patient ship of Manas Das 24.02.14
Exhibit 2 – Money receipt dated 24.02.14
Exhibit 3 – Pathology report dated 24.02.14
Exhibit 4 – Outdoor patients parchi of Manas Das dated – 08.04.14 of sadar hospital dumka.
Exhibit 5 – Money receipt dated – 05.03.14
Exhibit 6 – Pathology report dated – 05.03.14
Exhibit 7 – Prescription of Dr. A. Roy dated – 22.04.14
Exhibit 8 – Report of blood examination by dreamland diagnostic center suri dated – 22.04.13
Exhibit 9 – Report of Widal test by dreamland diagnostic center suri dated – 22.04.13
Exhibit 10 – Is the photocopy of notice given by Manas Das to Dr. Ramesh Verma and in charge medical officer diagnostic center sadar hospital dumka dated – 05.08.14
Exhibit 11 – Is the reply of the notice of Manas Das by Dr. Ramesh Verma dated – 07.06.14
Exhibit 12 – The clinical establishment , Act 2010.
Exhibit 13 – Information given by the office of civil surgeon dumka by letter number – 105 dated – 20.09.17
Exhibit 14 – Paper Cutting of Prabhat Khabar Dated- 20.09.17
C.W.3 – Manas Das in his affidavit has supported his case fully and in para – 4 that diagnostic center sadar hospital dumka has given two report dated – 24.02.14 and 05.03.14 are totally false and baseless as there is no trained pathologist, and in spite of knowingly Dr. Ramesh prasad verma intentionaly advise him to get report from diagnostic center sadar hospital dumka. He further stated in para – 7 in spite of taking medicine given by Dr. Ramesh Verma he was not cured. There after he went to West Bengal Suri on 22.04.14 where he got examined Dr. A. Roy and he became well during cross examination in para – 13 he has started he first time went to sadar hospital on 24.02.14 where he examined by Dr. Ramesh Kumar Verma. In para – 15 and 16 he further stated that he cann’t say on what date he went to the sadar hospital in second time and third time in para – 26 this witness has admitted this fact that Dr. A. Roy has told him to get report of Blood sugar, Urine, T.C.D.C – Hemoglobin, Creatinine, TSR, Malaria parasite and Widal and after examination only typhoid was detected and remain was normal. C.W.1 – Dinesh Kumar Singh during cross examination in para – 15 as stated that in what diseased what medicine was given he has no knowledge.
C.W.2 – Bam Kumar Das he has stated that Manas Das get treatment sadar hospital dumka about 44 days when he not cured he went to Suri West Bengal during cross examinant para – 12 that Manas Das of his Mohola. He was not got treatment in sadar hospital dumka. He gets treatment at Suri.
The opposite party number (2) Dr. Ramesh Kumar Verma has product himself opposite party witness number (1). In para – 2 he has stated 24.02.14 in the outdoor patient department sadar hospital dumka Dr. Lakhan was posted and that day he examine Manas Das for cough and fever and Dr. Lakhan advised him for test of T.C.D.C blood test, Urine and told him to come after three day with report and after 3 – days this is 25.02.14 complainant Manas Das again visited OPD sadar hospital dumka and that day Dr. Ramesh Verma, the deponent himself was posted and after checking he given only 3 – days medicine in para – 6 he further stated that complainant was advise for examine of typhoid and malaria and from perusal of that report the typhoid was found after that medicine ciprofloxacin medicine was given to him and advised him to take regularly the medicine for 10 days. In para – 10 the complainant on 22.04.14 went to Suri for consult Dr. A. Roy was also get fresh report of T.C.D.C, Hg, ESR, EMP and Widal, Blood sugar, Creatinine and after examination the typhoid was detected and Dr. A. Roy prescribed him the medicine paraxin for typhoid during cross examination, he says nothing to support the complainant case.
Opposite party witness number – (2) Ajay Kumar Singh he has stated that he has posted as medical official sadar hospital dumka and fully support the statement of Dr. Ramesh Prasad Verma opposite party witness – number – 1
By the order of the court dated – 03.06.16 the opinion of Medical Board was called for from the Chief medical office dumka as the matter was related regarding treatment and medicine and negligence of medical officer. The civil surgeon dumka constituted three member medical board and submitted the report along with his letter 45 / dated - 09.01.17. The members of medical board after due enquiry has found that on 24.02.14 in the OPD of sadar hospital dumka the complainant Manas Das was first – time examined by Dr. Lakhan Soren for fever and cold thereafter on 25.02.14 he was examined by Dr. Ramesh Verma he also prescribed medicine for common cold and when the fever was not cure that Dr. Verma advised for Widal test. The widal test was done 05.03.14 in which positive (10 ,160) typhoid was found and after 5 days on 05.03.14 he again consulted Dr. Verma he prescribed for medicine typhoid that is ciprofloxacin. There after the complainant taken advised by Dr. Kumar Bagish and Dr. Devashish Rakshit and both the doctor prescriber same medicine and there after 05.04.14 refer on his required for better treatment and the complainant on 22.04.14 went to Dr. A. Roy medical officer Suri who again made investigation and widal test and in the widal test positive (10, 160 ) found apparently the main reason was typhoid and the medical officer prescribe mainly the medicine for typhoid such as – Paraxin (cost chlorophnical – 500). 1 into 3 for five days, All the medical are same but the due to different company the name was different the medical board come on consultation that due to not taking the medicine regularly, The complainant was not cured at dumka there is no any information and careless in providing the medical services to the complainant by the medical officer of dumka.
The main allegation by the complainant against o.p no. (2) Ramesh Parsad Verma is that he negligently and carelessly treated the complainant Manas Das. In support of allegation the complainant has stated in his statement as C.W – 3 in para – 2 that he got treatment Dr. Ramesh Parsad Verma medical office sadar hospital dumka from 24.02.14 to 17.04.14 and on his advice he also made investigation from diagnostic center situated in the sadar hospital dumka and there after on the advise of Dr. Ramesh Verma he taken the medicine. On the other hand o.p wetness no.(2) Dr. Ramesh Parsad Verma in his statement partly admitted that fact he has stated in para -2 that on 24.02.14 in the OPD there was Dr. Lakhan posted and Manas Das on that day treated for cough and fever, and he also advise complainant to get report regarding T.C.D.C, Blood test, Urine, Checkup and come after three days with report on 25.02.14 the Manas Das again came on that day Dr. Ramesh Verma deponent himself was posted in OPD and after checkup prescribed the medicine. In para - 4 on 03.03.14 complainant again came to OPD sadar hospital dumka and that day Dr. Ajay Kumar as posted and the doctor continued the medicine prescribed the Dr. Ramesh Verma for 3 days also. In para – 6 further stated that after 5 days Manas Das came to the hospital with report on – 05.03.14 in which malaria was negative but their was typhoid on the basic of that report Dr. Ramesh Verma prescribed the medicine ciprofloxacin which was for the typhoid and advice to take medicine for 10 days regularly. In para – 7 it is further stated that complainant again came in OPD sadar hospital dumka on 15.03.14 on that day Dr. Bagis was on the duty and after checkup he advice to continue to medicine prescribed by Dr. Ramesh Verma and to the medicine to chlorophnical which was also for typhoid and also advised to take medicine for -14 days on 24.03.14 the complainant again came to sadar hospital dumka and met Dr. Ramesh Verma who again advice to take medicine for 4 days in para – 10 the witness has stated – on 22.04.14 the complainant went to suri and met Dr. A. Roy, Dr. A. Roy also advised him for some investigation like – T.C.D.C, Hg, ESR, MP and Widal, Blood sugar, and retinue and after the advice investigation the typhoid was detected and Dr. A. Roy prescribed medicine – Peraxin which was medicine for typhoid. From the perusal of medical board report constituted by civil surgeon by the order of this from dated 03.06.16 it is Cristal clear that 3 member of medical board in their report at dated – 23.12.16 has clearly found that line of treatment by the doctor of sadar hospital dumka was totally right and Dr. Ramesh Verma and other Doctors the prescribed right medicine for the disease typhoid. The crprotoline medicine prescribed by the Dr. Ramesh Verma was right medicine for typhoid and apart form that Dr. A. Roy the M.O. of Suri has preseribed the medicine paraxin for typhoid. The ciprofloxacin and paraxial are the same medicine made by same composition but due to different company the name are different.
More over Dr. Ramesh Verma is a medical officer sadar hospital dumka he has not taken single money for the treatment for complainant as such Dr. Verma is the outside the perview of expression service, as defined in sec. 2 (1)(0) of the Act. The payment of a token amount for registration purpose only at hospital would not alter the position. It is decided by the honorable S.C. in Indian Medical Association Vs V.P. Santha, reported in (1995) 3 CPJ1.
From the above discussion it is the Cristal clear that opposite party number (2) that Dr. Ramesh Parsad Verma was not negligent in performing his duty to the complainant as such the allegation level against opposite party number (2) Dr. Remesh Parsad Verma is not true.
The second allegation levelled against opposite party number (1). Incharge medical officer diagnostic center - sadar hospital dumka. It is alleged by the complainant that the diagnostic center which is run by hospital management center in the sadar hospital dumka has given the wrong report that is exhibit – 3 and exhibit – 6. But the complainant has not disclosed to any evidence to support the allegation that the report was wrong, on the other hand the opposite party number (1). In his letter dated 08.08.14 to this forum has clearly stated that complainant Manas Das was requsted to come before him regarding the deference on the report but he never came before him, but the perusal of the report of Dreamland diagnostic and report of diagnostic center dumka. Both are the same there no any near difference in the investigation. In both the report the typhoid was found. Exhibit – 6 from the perusal of exhibit – 8 which is report regarding Widal test and both the report typhoid was detached. The fact was also corroborated by the 3 – member of medical board on the dated 21.03.17 which is also on regard. As such from the aforesaid discussion it is also establish that the report issued by diagnostic center sadar hospital dumka that exhibit – 3 and exhibit – 6 are not wrong and opposite party number (1) is also not responsible in any way.
From aforesaid discussion and perusal of case record, and the document adduced by the both the party and hearing the argument of both parties. We come to the conclusion that the complainant totally failed to establish his case against the opposite parties, we also fined that there is no negligence on the part of opposite party to provide their service to the complainant.
It is therefore,
Order
This case and the same is hear by dismissed with cost on contest there is no order of the cost.
This case is according disposed off.
The offices is direct to provide free copy of this order to the both the party.
