Judgment : Dt.10.1.2018

Mrs. Balaka Chatterjee, Member

            This petition of complaint is filed by Dipankar Bagchi under Section 12 of C.P.Act alleging medical negligence and unfair trade practice  on the part of the opposite prties (1) Superintendent, Kothari Medical Centre, (2) Dr. Anil Malhotra, (3) Dr. Rudrajit Kanjilal, Dr. V. Lakshman & Others, (4) Dr. Dipjoy Bose and (5) Abhijnan Ghosh.

            Case of the Complainant in brief is that the Complainant being a retired employee of Durgapur Alloy Steel Plant is entitled to get medical treatment from Durgapur Steel Plant Main Hospital which may refer the patient to other hospital including Kothari Medical Centre as and when necessary as per terms of medical insurance coverage. The Complainant has alleged that while he was staying as an in-patient at Kothari Medical Centre various clinical tests were done by the said hospital but nothing was found abnormal in USG report in respect of Gall Bladder for three years whereas Durgapur Steel Plant Main Hospital found by USG that mild choleliathisis in Gall Bladder was existed. However, all on a sudden Kothari Medical Centre, by USG report, detected a stone of 7 mm was existing in Gall Bladder of the Complainant. The Complainant further stated that he lodged a complaint with the Superintendent of Kothari Medical Centre to that effect but no reply was received therefrom. It is the specific allegation of the Complainant is that had the Gall Bladder stone been  detected at early stage the same would have been removed by homoeopathy treatment without undergoing the surgical operation due to which the Complainant has lost his organ, spent money and suffered from mental agony and, therefore, he prays compensation of Rs.4,85,000/-. It is further allegation as made by the Complainant is that he has been harassed on different occasions for different medical treatment administered by the OPs for raising illegal bills by the opposite parties (referred  OPs hereinafter), which were not sanctioned by the insurance Company which provides insurance coverage to him and in this way he has lost Rs.16,111/- along with interest of Rs.1,933/- that is total of Rs.19,044/-. It is also alleged by the Complainant that again he was admitted to Kothari Medical Centre under Dr. V. Lakshman for surgical operation of Gall Bladder with the help of  temporary pacing  where the authority asked his son to consent for that operation just before the operation was going to take place which Complainant’s son refused and ultimately the Complainant had to spent an amount of Rs.15,000/- for an operation done in the R.N. Tagore hospital under general anesthesia for which the Kothari Hospital is liable to pay Rs.5,00,000/- towards compensation. It is further alleged that the Complainant again attended the OPD of Kothari Medical Centre Hospital for throat related problem where the OP No.4 Doctor attended him but spelling of the name of the said doctor varied in Hospital Directory and in hospital pad and therefore, the Complainant has suggested to have an enquiry regarding the name of the Doctor from his School Final Certificate and IMA Registration No. Further, as the Complainant has stated that as regards his throat ailment a test namely laryngoscopy was done, wherefrom no abnormalcy was found and thereafter, the Complainant was referred to Dr. S. K. Somani, a Neurophysician for testing Dysphagia but after having the said test nothing was found abnormal and the said doctor advised MRI for brain and screening of cervical spine which were done by the Complainant accordingly by spending Rs.13,000/- and the MRI was found normal and spine was found with so many disc space which was detected on early occasions, subsequently the Complainant was referred to psychiatry department. According to the Complainant it is an example of unfair trade practice.

            In support of his contention, the Complainant has annexed documents including prescriptions issued by Durgapur Steel Plant Hospital, Kothari Medical Centre and all referred clinical tests report and clinical discharge summary issued by N.H.R.N.Tagore Hospital.

            All opposite parties (referred as OPs hereinafter) contested the case and filed separate written versions respectively denying and disputing all material allegations made out in the petition of complaint stating inter alia that as per standard practice the course of treatment was advised for the Complainant for his recovery and therefore there is no deficiency in service on the part of the OPs. Hence all the OPs have prayed for dismissal of the petition of complaint with cost.

            The Complainant adduced evidence on affidavit stating name of the Complainant and names of the OPs and nothing else. OPs filed evidence on affidavit followed by cross examinations and reply by the parties.

            In course of argument, parties have narrated their complaint and written versions respectively.

Decision with reasons

            It is evident from the petition of complaint and annexure thereto the Complainant had received medical treatment from the OPs. The Complainant has alleged medical negligence and unfair trade practice adopted by the OPs by narrating the incident of clinical tests and reference by the doctors to other departments for medical treatment. According to the Complainant those clinical tests and references were absolutely unnecessary for which the OPs should be held liable for payment of compensation to him. Since the Complainant claims compensation from the OPs for alleged medical negligence and unfair trade practices, the burden of proof lies upon him to prove the allegation made against the OPs. It is evident that the Complainant had made allegation on the basis of assumption and presumption since no authentic document like expert opinion has been brought before us. It appears from the documents/prescription and tests report upon which the Complainant relied; the OPs did not deviate from the standard skill and practice in administering medical treatment to the Complainant.

            In such view of the matter, we are of opinion that the Complainant does not succeed to prove his allegation.

            Hence,

ordered

            That CC/158/2017 and the same is dismissed on contest without cost.