Ld. Advocate(s)

          For complainant    ..    Safikul Alam

          For OP1        ..    Kajal  Ghosh

          For OP2        ..    Achintya Pramanik 

For OP3 & OP4 ..    Soumen Mondal

Date of Filing           :  15.01.2016

Date of Disposal      : 02.11.2018

:    JUDGMENT & ORDER  dtd. 02.11.2018  :         

            The case of the complainant, in brief, is that the daughter of the complainant and the wife of Aliful Chaudhuri namely Aslima Chowdhury since deceased after conceiving her second child was under treatment of OP No. 2, Dr. Amitava Chaudhuri, Gynecologist who is attached with various Nursing Homes and Medical Officer of Sadar Hospital, Krishnagar, Nadia.

            In the month of March, 2012 OP 2 suggested her (Aslima Chowdhuri) for USG in order to condition of the foetus and as per the report of the USG the complainant was duly admitted in the OP No. 1’s Nursing Home on 02.09.12 where OP 2 conducted her cesarian operation and a female child was born on the same day.  After birth of the baby, the condition of Aslima was deteriorating and accordingly OP 2 suggested the complainant to admit the patient in the Marowari Relief Society, Sishumangal Hospital, Lansdown Nursing Home (Hazra) or PG Hospital, Kolkata.  Unfortunately, while conducting cesarian operation, the OP 2 removed a mass (Adnexal SOL) as a result there was heavy multiple bleeding and the patient developed sudden anemia which is laches or medical negligence committed by him.  As per advice of OP No. 2 for better treatment Aslima Chowdhury was shifted from Sunview Maternity & Nursing Home to Renaissance Hospital, VIP Road, (Teghoria), Kolkata- 700059 on 06.09.2012 under Dr. A.K.Das.  At the time of admission Aslima Chowdhury was suffering from high fever with TLC of Septic and hopebolemic shock due to removal SOL at Krishnanagar, Sunview Maternity & Nursing Home on 02.09.2012. Ultimately, on 12.09.2012 daughter (Aslima Chowdhury) of the complainant died due to acute renal failure following illegal removal of adnexal mass done at Sunview Maternity & Nursing Home, Nadia.  The complainant also stated that due to medical negligence of the OP Nos. 1 & 2 his daughter died.  The cause of action arose on and from 02.09.2012.  Hence, the complainant was compelled to file this case before this Forum to get a compensation of Rs. 14,00,000/- for medical negligence committed by OPs and Rs. 1,00,000/- for reasonable compensation for mental agony and physical harassment and other reliefs from the Forum.  

On the other hand, the OPs filed written versions separately in which they denied all the material allegations made against them in the complaint petition.

The OP No. 1 specifically stated in his written version that the patient was admitted in his Nursing Home and better treatment was done upon the patient and the patient was transferred on 02.09.12  from his Nursing Home. This OP treated the patient as per advice of consulted doctor so there is no negligence from his part.

The OP No. 2 specifically stated in his written version that he suggested USG examination of Aslima Chowdhury in order to detect the condition of the foetus. The cause of action is vague, concocted and absolutely false story. He has no negligence on his part so the case be dismissed with heavy costs.

The OP No. 3 specifically stated in his written version that a 21 years old lady admitted in his hospital with complaining of Anuric condition last few days after an operation conducted  at Sunview Maternity Nursing Home at Nadia on 02.09.12, LUCS with right adrenal SOL. There was a retroperitoneal mass, during remove of this mass there was multiple bleeding. He also stated that the patient developed anemia and there was no result even after Lasix injection charged and  the patient was transferred to  higher center and dopamile infusion was started as BP drepped from 120/80 to 90/50 mm of hg. He also admitted that the patient had been admitted under Dr. A.K. Das and seen by Dr. M. Mondal, Dr. A.Maity and S. Chakrabroty. So he has no negligence on his part.

 The OP No. 4 specifically stated in his written version that the patient was admitted on 03.09.12 at about 3.30am in his Nursing Home under Dr. A.K. Das. At the time of admission the patient was very serious.  They only did their job as per advice of Dr. A.K. Das so he had no negligence on his part.

During arguments the Ld. lawyer for the complainant submitted before the Forum that as per the medical report of C.M.O.H., Nadia, there is no medical negligence on the part of the treating Dr. Amitava Chaudhuri.  He further submitted that the complainant has no grievance or complain against the OP Nos. 1, 3 and 4 save and except OP No.2.

We have meticulously gone through the medical report of C.M.O.H., Nadia and thereafter we find in Para-10 of the said medical report that “There is no definite negligence is found on the part of treating doctor Amitava Chowdhury as per the record goes.”

On the basis of above mentioned medical report of the C.M.O.H., Nadia which is in the record, we are of the opinion that no medical negligence /deficiency in service had been performed by the OP No 2, treating Dr. Amitava Chowdhury.  So the OP No.2 treating Dr. Amitava Chowdhury cannot be held responsible and any liability cannot be  imposed upon him.  So, the OP No. 2 treating Dr. Amitava Chowdhury is hereby acquitted from this case.

As per the submission of the Ld. lawyer for the complainant made earlier in respect of OP Nos. 1, 3 & 4 are also acquitted  from this case.

Hence, it is

O R D E R E D,

That the instant CC case be and the same is dismissed on contest without any cost.

Let a plain copy of this judgment & order be furnished to the parties forthwith free of cost.

            Dictated & corrected by me