This is an application u/s.12 of the C.P. Act, 1986.

          Complainants by filing this complaint has alleged that complainants’ mother Smt. Renuka Shee, aged about 69 years, suddenly fell on bathroom on 28-07-2010 and broke her Hip-Joint of right leg.  Thereafter, the complainants admitted their mother at R.G. Kar Hospital where doctors operated her and set the Hip-Joint.  But after setting the Hip-Joint, she felt pain because it was not setting properly and became infected and to save her life and to recover her from infection foreign article as fixed was removed after being cure at that Hospital they brought their mother at home from R.G. Kar Hospital and again visited Dr. Adit Dey (Ortho) of the OP’s Hospital on April, 2012 with all treatment sheets and told the doctor that patient had no ability to walk but all other physical movements were okay.

Thereafter, Dr. Adit Dey examined Smt. Renuka Shee on 25-04-2012 and reported that after payment of Rs. 2,00,000/- he would treat their mother and assured them to cure her present problem. So, Dr. Dey admitted the patient at the OP1’s hospital on 25-04-2012.   On 30-04-2012 they paid Rs.18,000/- for purchasing Hip-Joint instrument and on 05-05-2012 Dr. Dey took advance payment of Rs.50,000/- for operation and the patient was operated on 07-05-2012.  After that Dr. Dey mentioned that if the Hip-Joint turned infected, it must be bring out.   But after passing 10 to 12 days of operation, pus cell was formed and it was infected and at-a-stretch pus was oozing. The patient felt pain for formation of pus-cell and it was informed to Dr. Adit Dey but the doctor had not lent his ear and only injected costly injections which caused no result.

In such a situation, Dr. Dey forcefully discharged the patient from the OP1’s Hospital on 29-06-2012 and the complainants paid all expenses of treatment on 10-07-2012 and took back their mother at home on compulsion.  But the patient’s condition became deteriorated, as a result on 14-07-2012 again the complainants admitted their mother on that Hospital and on 23-07-2012 other doctor Dr. Rahatgi except Dr. Dey (Ortho) transferred the patient to I.T.U.U. where Dr. Rahatgi expressed that the condition of Smt. Renuka Shee was precarious and she may die and informed Dr. Adit Dey.  But after making repeated requests of the complainants, Dr. Dey never examined the patient and as a result pus-cell with blood was discharging from the infected place of Hip-Joint and finally on 28-07-2012 the patient left her last breadth after suffering intolerable pain for 71 days.

Complainants also alleged that they paid all cost of medicines or treatment articles and fees to Dr. Dey who arranged for treatment purpose and also alleged that after death of their mother when the complainants complained against Dr. Dey, the hospital staff tried to hit them under the persuasion of Dr. Dey.  The complainants wrote a letter to the hospital authority to get ‘bed head list’ but they denied.  So, after getting bad behaviour of hospital staff and for wrong treatment of Dr. Adit Dey to the patient Smt. Renuka Dey, the patient lost her breath. Therefore, complainants filed this case before this Ld. Forum praying for compensation and expenses from the Hospital and Dr. Adit Dey and for redressal.

On the contrary OP1 S.V.S. Marwari Hospital by filing a written statement submitted that this is a charitable hospital, almost without any monetary gain serves the ailing people of the society for mankind without any caste and creed.

OP1 submitted that Smt. Renuka Shee, the patient had been suffering from fracture of femur (Rt) due to fall in the bathroom on 28-07-2010 and the patient was admitted to S.V.S. Marwari Hospital on 25-04-2012.  Before that at R.G. Kar Hospital the patient was operated of Bipolar Hip Prosthesis (Rt) under General Anaesthesia.  Fact remains that the patient was again admitted at RGKMC on 20-09-2010 for post-operative wound infection increase of BHP and on 28-09-2010 something was discharged from the operated portion.  But on 30.12.2010 the patient was again admitted at RGKMC due to same cause and at last on 02.02.2011 under the supervision of Dr. M. Hira/Dr. J.N. Pal the Bipolar Prosthesis (Rt) was removed and on request of the patient the doctors discharged her on 14-05-2011 with some advises for rehabilitation and the patient had been in regular check-up at RGKMC for five times in different dates.

The op no.1 also submitted that on 25-04-2012 the patient took admission under the visiting Orthopedic Surgeon Dr. Adit Dey at the request and choice of the complainants.  According to S.V.S. Marwari Hospital report, it is found that the patient was not at all good in condition and she had been suffering from Diabetes Mellitus and at the time of admission under Dr. Adit Dey, complainant Durgacharan Shee signed the risk bond paper.  Fact remains that documents and papers revealed that the total Hip replacement (Rt) was done on 07-05-2012 by Dr. Adit Dey and another Orthopedic Surgeon Dr. Rajesh Khushuah.

OP1 also submitted that on 25-05-2012 due to discharge of something from the wound, secondary suturing was done under G.A. and was discharged on 29-06-2012 with the advice to consult Endocrinologist for Diabetes Mellitus.  But after a few days due to medical problem complainant admitted her mother under Dr. Dey who decided to refer the patient to Dr. G.M. Rahatgi on 17-07-2012 for better treatment, but the patient had died at the age of 72 years on 28-07-2012 at 02:30 PM in OP1’s Hospital due to Cardio Respiratory failure in a case of Septicemia with IHD with T2 D.M. and electrolyte imbalance but death certificate shows the manner of death as “Natural”.   So, OP1 alleged that the complainants suppressed the actual age of the patient because in such cases the age has a vital role in the matter of medical treatment.

OP1 also submitted that the complainants specifically mentioned that in para-3 of the complaint that the doctor took Rs.18,000/- and Rs.50,000/- respectively from the complainant directly without any involvement of service providing hospital (SVS Marwari Hospital).  But truth is that the complainant purchased few goods from M/s Niraj Enterprises of 8, Bentick Street, Kolkata - 700 001 of Rs.45,000/- vide Invoice No.214/2012-13 on 07-05-2013 for operation purpose from the outside of the hospital according to their own choice and OP1 has no responsibility.

Further op no.1 mentioned that complainants with some outsiders entered into the hospital complex on 08.09.2012 and abused and threatened Dr. Adit Dey and Dr. Dey at once informed the matter to the hospital authority on that day.  Thus complainants did not hesitate to take the law in their own hand and thus bothered maintaining peace and tranquility in hospital premises.

Further OP1 submitted in written statement that the complainants wrote a letter on 10-10-2012 to handover the Bed Head Tickets of their mother and on the very next day complainants came to office of the hospital and took the Xerox copies of the same but refused to take those documents mentioning that those documents were not same according to the practical record.  So, OP1 mentioned that the complaint of the complainants is baseless and motivated story and they have some mala fide intention for grabbing money and in such circumstances the complaint should be dismissed without any cost.

On the other hand OP2 Dr. Adit Dey, a Medical Practitioner of S.V.S. Marwari Hospital by filing a written version submitted that the complainants has not come up with the said application in clean hands and suppressed all relevant facts and circumstances and denied all material allegations against him.  He also stated that he never demanded Rs.2 lacs from the complainant for expenses of treatment of complainants’ mother.  He also stated that during hospitalization no infection was arose in operated area and on 24-07-2012 Smt. Renuka Shee was again admitted in the said nursing home for hyper tension, chest pain and infection in leg of operation area due to irregular care and dressing and on 28-07-2012 the patient died due to cardio-respiratory and septicemia.

It is further stated that OP2 also denied the complaint of the complainant that he did not care and discharged the patient and the patient died due to wrong treatment.  Dr. Dey alleged that the complainants intentionally harassed him only for extorting money and it is not at all maintainable in the eye of law.  So, he prayed for dismissal of the instant case with cost against the complainants.

Decision with Reasons

On proper study of the complaint and written version and also considering the argument as advanced by the Ld. Lawyers of both the parties and further considering the entire material documents as produced by the complainant and OP we have gathered that in the present case it is undisputed fact that Smt. Renuka Shee sustained hip joint facture on 28-07-2010 in her bathroom for which she was hospitalized at R.G. Kar Hospital where operation was done and prosthesis was placed after operation by R.G. Kar Hospital doctor but after operation the operated portion was found infected again and again so, after opinion of the board of doctors of R.G. Kar Hospital prosthesis was removed and infection was cured and the doctors of R.G. Kar Hospital came to a conclusion that there was no scope to replace any boll joint or foreign articles on his fractured portion but that lady completely recovered but failed to walk and subsequently she was quite OK except her inability to walk and ultimately complainants met Dr. Adit Dey Orthopaediatric in the month of April 2012 and after consulting R.G. Kar Hospital paper asked the complainants to bring their mother in the Marwari Hospital and on 25-04-2012 Dr. Adit Dey examined their mother and expressed that he shall have to cure that disability and there is no question of further infection but Rs.2 lakhs is required to be paid.  Relying upon his statement complainants admitted their mother on 25-04-2012 and deposited a sum of Rs.50,000/- as advance payment of operation and Rs.18,000/- for ball joint  purchasing and complainants on payment of the same on 05-05-2012 operation was done by Dr. Adit Dey at Marwari Hospital and after operation when the doctor came out from the operation theatre the doctor expressed that if after 10 to 12 days any infection is caused in that case boll joint shall be removed and ultimately on 29-06-2012 their mother was discharged by the doctor from the hospital and advised to attend the OPD after two weeks but complainants after 10 to 12 days waiting found that continuously from the wound pus and blood were coming out when complainants talked with doctor and asked the doctor to remove the boll joint but doctor did not pay any heed and informed that after dressing and by injection of valuable injection infection shall be cured but even after giving further injection the operated portion was found not healed up.  On the contrary from the operation portion it was bleeding and pus was coming out practically on 29-06-2012 Dr. Dey forcibly released her and finding no other alternative complainants brought her mother but after that the condition of her mother was deteriorated.  So, on 14-07-2012 his mother was hospitalized in the said hospital but Dr. Dey did not take any further attention or care and no movement was found even after operation and the operational wound point was found more injected day by day.

          Ultimately, the condition of her mother was very precarious and so, hospitalized on 23-07-2012 in the said hospital in ITUU Section when Dr. Rohatgi was there who after examining their mother expressed that her condition is very serious and asked the complainants to talk with Dr. Dey.  When complainants talked with Dr. Dey but he refused to examine her and when Dr. Rohatgi stated that there is nothing to do because pus and blood was coming out from infection of their mother and ultimately their mother expired on 28-07-012 on S.V.S. Marwari Hospital.  Practically, for wrong treatment of Dr. Dey and negligent and for deficient manner of service of Dr. Dey their mother ultimately died and in the above circumstances, complainants prayed for compensation and redressal when complainants already paid Rs.2 lakhs to the hospital authority and doctors for such operation treatment of their mother.

          No doubt in this case OP doctor has specifically mentioned that operation was done successfully on 07-05-2012 and patient was discharged on good condition on 29-06-2012 and during hospitalization no infection was found and on 24-07-2012 patient was again admitted in the hospital with hyper tension, chest pain and infection on the operated area and due to not follow up care and dressing the infection was increased and ultimately, the patient died due to cardio respiratory and septisemia and he has tried to say that he has never received any money but only purchasing the ball the said money was received.  OP1 the hospital authority has admitted that they provided Dr. Dey with the operation theatre and other facilities to the deceased Renuka Shee, mother of the complainants and she was admitted with a history of fractured of right femur on 25-04-2012 as per advice of Dr. Adit Dey and it is also admitted that it was learnt  that patient was under treatment on several occasions at R.G. Kar Medical Hospital for treatment of fractured of right hip joint as he fell down in her bathroom on 28-07-2010 and at the time of admission complainants signed the risk bond without raising any objection and OP1 has admitted that complainants paid Rs.1,500/- as advance towards admission and further paid time to time as per bill voucher as produced and operation was done on 07-05-2012 under G.A. by the concerned doctor and on 29-06-2012 the patient was discharged as per doctor’s advice and it is also admitted by the OP1 that the patient was very weak and as per reflection in the prescription issued dated 14-07-2012 and at the time of second admission Dr. Dey referred the patient to Dr. G.M. Rohatgi of the said hospital and Dr. Rohatgi properly treated but ultimately the complainants’ mother died on 28-07-2012 and it was natural death and there was no nexus in between the wound in the operated due to operation with the death of their mother and it is further submitted that on the death of their mother some rowdy was engaged by the complainants who ransack the hospital and threatened the doctor and for which OP lodged FIR in the local P.S.

          So, considering the written version and evidence of the OPs1 and 2 it is clear that OPs1 and 2 were aware of the fact that prior to the present operation complainants’ mother was operated at R.G. Kar Hospital due to fracture of right hip joint and when that is that fact then it is clear that at the time of present operation Dr. Adit Dey who was well aware of the fact that this lady sustained said fracture injury on 28-07-2010 on her right hip joint and she was treated at R.G. Kar Medical Hospital for long period from 28-07-2010 till 25-04-2012 and fact remains on 25-04-2012 the mother of the complainants was admitted to present hospital as per advice of Dr. Adit Dey.  But peculiar fact is that OP2 doctor has tried to convince that he never went through such documents of R.G. Kar Hospital.  For the sake of the argument if it is accepted that Dr. Dey did not go through such document invariably he saw the fractured point and invariably Dr. Dey found such suture mark in the place because already operation was done wherefrom prosthesis was removed.  Thereafter, it was further healed.  Now the question is whether Dr. Adit Dey, the OP2, the doctor of OP1 acted as per ethics of medical science and whether actually he properly diagnosed the matter before operation whether he was satisfied that it is the first time operation or 2^nd time operation.  In this regard we have gone through the discharge certificate wherefrom it is found that there was no such history on which date practically Renuka Shee sustained hip joint fractured injury.  No such past history is noted and further fact is that there is no such document issued by the doctor or the hospital about the past history or result of past operation etc.  that means for some obvious purpose OPs1 and 2 did not note down the past history of operation, past history of fractured or of fractured condition of the patient at the relevant time on the date of operation on 25-04-2012 etc. but only there is a note F.U. case of hemeiothroplasty right care of defect in walking and progress during hospital in the noted ‘pain’ and diagnosis on discharge is noted total hip replacement (right) on GA on 07-05-2012 wound debriment and secondary suturing done on GA on 25-05-2012 but no other past history diagnosis etc. are there.  Apparently, the discharge certificate simply proves that this Dr. Adit Dey did not care properly and he did not discharge his duty as surgeon in case of second operation of the lady aged 69/70 years.  Though his first operation as failed that is noted in the prescriptions including result of first operation done by the doctor of R.G. Kar Hospital and that matter has been suppressed by the doctor with some purpose.  Now, the question is whether this doctor as a doctor and surgeon acted with any ethics or not.  Practically for the purpose of squeezing money without granting receipt such sort of doctors are loitering in the nursing home and hospital and now a days it has become a practice of expertised doctor not to issue any certificate in respect of payment of fees related to operational charge but truth is that complainants paid a huge amount which is evident from the receipts of the Marwari hospital and he paid admission fees also and paid for purchasing hip joint ball that has not been denied by the OP1 but only Dr. OP2 has tried to convince that he did not take any money but OP1 has not stated that the patient was given all sorts of medical treatment at a free of cost and doctor did not receive any money.  OP1 has stated very specifically that doctor took help of its hospital, operation theatre and other parts of help and OP1 provided that and for that they took money.  So, it is clear that OP2, the doctor is exposed as a liar before this Forum and considering the materials it is clear that OP2 took fees from the complainants and that is no doubt more than 1 lakh but did not issue any receipt which is common practice of expert doctors now-a-days.

          Further fact is that first operation was done on the patient on 28-09-2010 on R.G. Kar Medical Hospital under the direct supervision of Dr. N. Heera associated professor and Dr. J.N. Pal associated professor and on 29-09-2010 bi-polar hip prosthesis was done on G.A. thereafter post operative wound was infected for which wound debriment was done on 11-10-2010.  Thereafter, further debriment was made but it was detected that the body system did not accept the prosthesis so prosthesis was removed on 02-02-2011 and skeletal traction was made only to avoid persistent discharge and repeated debriment and thereafter, the said two doctors including other doctors further examined and treated her on 13-10-2011 at R.G. Kar Hospital and it was found that the infected part was healed up and would was cured when doctors advised ultimately on 16-01-2012 that it is impossible to place any foreign article for communicating the fracture and finally the doctors of R.G. Kar Hospital opined that there is no other alternative but to continue her life without any further operation and considering that those medical certificate issued by R.G. Kar Hospital it is clear from 28-09-2010 to 16-01-2012 complainants’ mother Renuka Shee actually aged about 75 years ultimately did not get relief for her fracture and, in fact, she became physically stable but she had no capacity to walk but otherwise she was physically ‘OK’ and if all the above treatment sheets of R.G. Kar Hospital are monitored and taken into consideration it can safely be said that expert doctors of Orthopaedic Department of R.G. Kar Hospital finally came to a conclusion that there is or was no scope to place any foreign body for giving her a support to walk by operation and, in fact, they attempted much to keep the prosthesis but so long the prosthesis was intact inside the body wound did not heal up rather continuously the wound place was damaged even after continuous debriment, no fruitful result was achieved by the doctor for which ultimately Board of Doctors came to a conclusion that prosthesis should be removed otherwise she shall die.  So, prosthesis was removed and thereafter, complainants’ mother recovered from her wound and physically and mentally she became fit only she lost her capacity to walk.  Anyhow, the said doctors advised for support from outside for movement and that has been continued by that lady as patient.  So, it is clear that the Board of Doctors of R.G. Kar Hospital took all sorts of steps for giving her proper relief so that she may recover from such sort of continuous post operative wound infection and finally came to a conclusion that there is no scope to place any foreign body i.e.(prosthesis) in her body.

          Invariably after giving much importance over the above documents we have gathered that under any circumstances, there was no scope for placing any foreign body like hip joint ball or anything on the fractured portion of the lady patient and ultimately the doctors of R.G. Kar after curing her from her wound and infection the patient took support from outside help and to move within house area.

          Most interesting factor is that those documents were invariably examined by the present doctor OP2 but he did not consider that time position of the patient and for some greed asked the complainants to bring her and assured the complainants that his mother shall be cured and shall be able to walk and in such a situation invariably complainant was very much happy to know that his mother shall have to walk after operation but fact remains that the present doctor did not note down in any portion of the prescription or the discharge certificate that there is or was no scope for her mother to walk and there is every chance of remove of the hip joint ball if any infection is found.  Further from the discharge certificate it is not ascertainable whether the present doctor OP2 noted down the previous or past history of his first operation and the result, on the ground the present doctor is not more qualified than that of the doctors of R.G. Kar Hospital then it is clear that OP2 doctor did not disclose the past history with intention so that in future if any complication would be found in that case he may defend himself by saying that it was his first operation but scope was not there on the part of the OP2.  In view of the fact the operation which was done by the OP2 was earlier done by R.G. Kar doctors so there are suture. 

          Another factor is that in the discharge certificate or in other prescription there is no note actually on which date the complainants sustained such sort of fracture injury.  Practically, that is also suppressed by the OP2 and the OP1 hospital also.  Further factor is that after 2^nd operation done on 25-05-2012 no further examination was done to ascertain what is the position of the said hip joint ball what is the position of its fitment and further fact is that doctor admitted in his evidence in chief and written statement that complainants’ mother wound was found infected and in this regard OP2 has tried to convince that it was the fault of the complainants because the patient was not properly dressed and treated after post operative stage but such sort of defence on the part of the OP2 is proved a false story but fact remains when their mother was admitted with such infection on the operated portion the doctor had not treated her but handed over to another doctor who practically failed to cure the same but scope was there on the part of the OP2 to save the life of the patient from her immediate death if the hip joint ball would be removed because after thorough treatment for two years at R.G. Kar Medical College & Hospital the Board of Doctors came to a finding that no foreign body can be placed in her fractured portion as her body system did not accept it and for which her previous prosthesis was removed.

          If the present doctor OP2 had his any medical ethics he ought to have consider the medical certificates issued by the R.G. Kar Hospital in this regard and invariably it was the duty of the OP2 to consider whether the 2^nd operation would be fruitful if foreign body is placed to support the fractured portion but that had not been done and any reasonable and prudent doctor before second time operation must have to consider the first time operational result and the condition of the patient and the reasons of any suffering for any operation but in this case OP2 has not considered the same that is no doubt a negligent practice on the part of the OP2.  At the same time OP2 also did not consider the fact that this lady was under constant treatment of board of doctors of R.G. Kar Medical College for about 2 years from 28-09-2010 to 16-01-2012 but ultimately the doctors of R.G. Kar Hospital failed to give her good result in respect of fractured injury and for which prosthesis was removed and thereafter, continuous wound on the operated area was cured and this vital factor ought to have been considered before operating the patient lady but that was not considered by the OP2 and no doubt the doctor OP2 did not properly diagnose before operation about the fate of the operation if it would be done for the 2^nd time but only for the monetary gain she was operated but same incident happened and for which she suffered from septisemia and it is also proved that septisemia was the direct cause for the death of the lady and due to septisemia heart of the lady affected and for which the doctor issued such death certificate stating cardiac respiratory septisemia but prior to said operation the lady was quite OK since the first operation was done on and from 28-09-2010 and till the date of 2^nd operation 07-05-2012 except her movement was restricted as fracture was not properly united as the doctors of R.G. Kar failed to give such relief as body system of the lady did not accept any foreign articles/limbs that means in the second occasion for introducing foreign body i.e. hip joint ball again operated portion was infected and persistent discharge of pus and blood was continued even repeated debriment was done but condition of the lady was found deteriorated and ultimately the lady died on 28-07-2012 and this time is too short because 2^nd operation was done on 25-04-2012 and she died on 28-07-2012 i.e. within one month and in the mean time debriment was made but persistent discharge of pus and blood and other caused the septisemia that means 2^nd post operative stage OP2 did not render proper service for which complainants’ mother suffered from septisemia and ultimately cardio respiratory failure is the common word in case of death of any person or even in the case of cancer and other also but due to septisemia the heart was affected, lung was affected and then she died but it is proved beyond any manner of doubt that septismia started only for severe infection caused on the 2^nd operated portion made by the OP2 and after operation no proper treatment was made or care was given which is proved from the prescription also.  Considering the above facts and circumstances and materials we are convinced to hold that the decision of 2^nd operation for the person of the of the deceased (patient) by the OP2 is completely illegal and against the principle of medical science and at the same time in the present case post operative care of the patient was not at all taken by the OP2.  In fact, due to negligence of the present OP2 doctor and the hospital the infection spread rapidly on the operated portion and to protect the patient no safety was taken by the OP2 or OP1 and considering the above materials on record we are convinced to hold that there was gross negligence on the part of the OP2 the doctor and fact remains for his wrong decision of operation further the patient suffered from persistent infection and discharge from that infection just after her discharge from hospital on 29-06-2012 and she died on 28-07-2012 i.e. within one month from the date of her release from the said hospital.  No doubt, the doctor is attached with the OP1, the OP1 received payment against the admission and all other charges and even the doctor’s fee was paid personally by the complainants but now, the OPs are trying to convince that there was no fault on their part.  Moreover, for introducing and setting artificial limb(hip joint ball) caused further infection and for which practically complainants’ mother suffered from septisemia within short period from the discharge from the said hospital and that is the cause of her death and no doubt it has shorten the life span of the lady and entire decision for second operation on the part of the OP2 is no doubt a decision of an unskilled doctor may be he has MS degree and practically for his negligent manner of decision negligent manner of operation, negligent manner of post operative care complainants’ mother suffered from septisemia and that is the root cause of her death and for which ultimately she died on 28-07-2012 in the OP’s hospital but most interesting factor is that no attempt was made to remove his hip joint ball to save her and if it would be removed by OP2 in that case lady may be saved from her immediate death because in the earlier occasion Board of Doctors of R.G. Kar Hospital were satisfied that without removing prosthesis her life cannot be saved and ultimately that was removed by the said doctors.  So, it is clear in the present case the negligence and deficiency on the part of the OP2 is well proved and fact remains life span of the mother of the complainants was decreased due to negligent and deficient manner of operation done by the OP2 and also careless attitude of the OP2 at pre and post operative stage and in the present case when complainants claim is that he has possessing special skill and knowledge then it was his duty to the patient to apply with due caution in undertaking treatment when in the present case OP2 accepted the responsibility and undertook a treatment then invariably it is the liability of the OP2 to prove for what reason before second operation he did not pay due diligence care and knowledge and skill and caution in administering the treatment without consulting the huge prescriptions in respect of previous operation treatment by the Board of Doctors of R.G. Kar Hospital and in the present case no doubt OP2 did not give a fair, reasonable standard of care and competence to the patient and practically the patient’s death was caused due to septisemia for the OP2’s indolence and carelessness.  At the same time after considering the entire materials on record it is found that the doctor OP2 adopted a reckless method in undertaking the treatment and for the death the doctor is liable for adopting reckless procedure in undertaking the 2^nd operation knowing fully well that in previous occasion for two years he suffered from such operation and for which his foreign limbs which was placed by the doctors of R.G. Kar Hospital was removed and, thereafter, the patient recovered from his sufferings from infection on the operated portion and, in fact, as claimed as skilled doctor it was his duty to take care of the entire past and back history etc. in deciding whether further operation would be made and any fruitful result would be achieved or not.  But anyhow, after considering the entire materials on record and document it is found that the present OP2 did not exercise a reasonable degree of care and for which ultimately the lady suffered from septisemia and died within one month from the date of release from the present hospital so the case of the complainants and the allegation as made by the complainants is well proved.  No doubt the OP2 is attached with the OP1.  OP1 was paid for admission and for other purposes by the complainants OP1 has not denied that fact so OP1 is also responsible for deputing such doctor who without issuing any bill received more than 1 lakhs and whereas the hospital authority also received more than Rs.1,25,000/- for treatment and service.  So, in the eye of law both are equally responsible and liable for the loss of life of the mother of the complainants and no doubt it is a full proof case of medical negligence and deficiency on the part of the OPs.

In the result, the complaint succeeds.

Hence,

Ordered

That the case be and the same is allowed on contest with a cost of Rs.10,000/- each against the OPs.

          OP2 is hereby directed to pay a sum of Rs.2,00,000/- as compensation for causing death of the mother of the complainants due to negligent and deficient manner of service to the patient and also for taking a wrongful decision to operate second time without considering previous and past history of the patient during her treatment in the R.G. Kar Medical College Hospital for about 2 years from 28-09-2010 to 16-01-2012 and OP2 shall have to pay that compensation to the complainants within one month from the date of this order.  Similarly, for same reasons the OP1 Hospital is also liable to pay compensation of Rs.1,00,000/- to the complainants within one month from the date of this order for rendering negligent and deficient manner of service by the hospital and their doctor.

          OPs are directed to comply the order within one month from the date of this order very strictly failing which for non-compliance of the Forum’s order and also for failure to satisfy the degree OP shall be prosecuted and further for non-compliance of the Forum’s order each OPs shall have to pay penal interest @Rs.300/- per day till full satisfaction of the decree and further penal proceeding u/s.27 of the C.P. Act shall be started against them for which they shall have liable for further fine and penalty.