West Bengal

Bankura

CC/80/2023

Sumanta Biswas - Complainant(s)

Versus

The Manager, Bankura Nursing Home - Opp.Party(s)

Jayanta Kumar Mukhopadhyay

03 Apr 2024

ORDER

IN    THE   DISTRICT   CONSUMER   DISPUTES   REDRESSAL COMMISSION, BANKURA 

  Consumer Complaint No. 80/2023

                                                        Date of Filing: 05/09/2023                                          

Before:                                        

1. Samiran Dutta                            Ld. President.      

2. Siddhartha Sankar Bhui            Ld. Member. 

 

For the Complainant:  Ld. Advocate Jayanta Kumar Mukhopadhyay

For the O.P.No.1:  Ld. Advocate Arup Shit

For the O.P.No.2:  Ld. G.P., Bankura

Complainant  

Sumanta Biswas, s/o Late Tarun  Kumar Biswas, at Kayasthapara, Bankura

Opposite Party                                                                                                                                                                                                                                                                                                                                                                                                                              

1.Bankura Nursing Home (A Unit of Ritawari Healthcare Services Pvt. Ltd.), Patpur, Bankura

2. Office of the CMOH, Tamlibandh, Patpur, Bankura (Proforma O.P.)                                                                                                                                                                                                                                                                                                                                                                                                       

FINAL ORDER / JUDGEMENT

Order No.08

Dated: 03-04-2024

Both parties file hazira through Advocate.

The case is fixed for argument.

After hearing argument from both sides the Commission proceeds to dispose of the case as hereunder: -

The case is fixed for argument.

The Complainant’s case is that his father Tarun Kumar Biswas since deceased consulted Dr. Sanjib Kumar Pal attached to O.P. No.1/Nursing Home on 13/05/2021who advised C.T. Scan of Thorax (HRCT) Plain and the C.T. Scan report dated: 13/05/2021done at Bankura Scan Center showed multifocal ground opacity and fibrosis in both lungs with the suggestion of  RTPCR Test. The victim patient was thereafter admitted at O.P. No.1/Nursing Home at about 11 p.m. on 23/05/2021 under ICU but on 24/05/2021 at about 10.50 a.m. health condition of the victim patient was rapidly deteriorating with writhing pain though immediate attention and intervention and isolation was undertaken by the O.P. No.1/Nursing Home but the patient could not survive and ultimately expired on the same day. It is alleged that the patient party was not allowed access to the victim at his critical stage before last breath and no treatment sheet was furnished to them to review the situation and this compelled the patient party to move O.P. No.2/CMOH, Bankura for redressal of their grievances. The Complainant has filed the instant case for adequate compensation against O.P. No.1/Nursing Home alleging medical negligence for unfortunate death of the victim patient.

O.P. No.1/Nursing Home contested the case by filing a written version denying all the material allegations made in the petition of complaint contending inter alia that the patient party was negligent as they took the risk to admit the patient at the last moment on 23/05/2021 at O.P. No.1/Nursing Home after ten days without obtaining any RTPCR test report as advised by Dr. Sanjib Pal in the C.T. Scan report dated: 13/05/2021. Their further contention is that the victim patient was kept in isolation with past history of COVID-19 infection as his Rapid Antigen Test (RAT) report was positive and treatment sheets were duly furnished to O.P. No.2 authority. Thus O.P. No.1/Nursing Home cannot be held liable for any medical negligence on the inevitable death of the victim patient. In fact the patient party has shifted their own negligence upon the O.P. No.1/Nursing Home and the treating doctor attached thereto to avail undue benefit.

                                                                                                                                                                               Contd…..p/2

Page: 2

-: Decision with reasons: -

Having regard to the facts of the case, submission, contention and documents on both sides the Commission finds that the victim Tarun Kumar Biswas was a COVID patient as diagnosed from R.A.T. report positive which was done on 30/04/2021 outside as is evident from the treatment sheet submitted at the time of hearing. It further transpires from the treatment sheet that the victim patient underwent CABG operation (Coronary Artery Bypass Graft) on 25/02/2021. Death Certificate issued by O.P. No.1/Nursing Home shows that the cause of death of the victim patient is due to Pneumonia, uncontrolled diabetes, hypertension and chronic kidney disease. Mortality of the victim patient aged about 68 years can easily be guessed for a COVID-19 infectious patient with such serious comorbidity. Medical Science is hardly to give fresh lease of life to such patient over and above the medical treatment rendered at O.P. No.1/Nursing Home. A doctor is not a magician to restore the life of a dying patient.

In this case no case has been made out by the Complainant for lack of any medical care, skill and diligence on the part of the O.P. No.1/Nursing Home while the victim patient was under treatment. O.P. No.1/Nursing Home had hardly any opportunity to treat the patient even within twenty four hours. As such attribution of charge of medical negligence and deficiency of service against O.P. No.1/Nursing Home on such short span of treatment will be a misplaced findings.

Ld. Advocate for the Complainant has however referred to certain decisions to justify his contention that O.P. No.1/Nursing Home should also be held liable of medical negligence for non-furnishing the Treatment sheet to the patient party. A series of correspondences between the patient party and the O.P. No.1/ Nursing Home and lastly with O.P. No.2/CMOH, Bankura are found on record which shows that the patient party did not get CCTV footage and treatment sheet but all these correspondences took place long after death of the victim patient and so they are not relevant to come to the conclusion that the treatment sheet has not been furnished to the patient party at the material time. Moreover treatment sheet is generally required for review of situation for better health management and follow up action.but when a patient dies in a normal course of treatment in  such case consultation of treatment sheet is hardly required save and except to pursue legal action if necessary  but the instant case is completely a different one justifying any legal action.

Impleadment of O.P. No.2/CMOH, Bankura is not called for in this case though written version is filed on behalf of O.P. No.2/CMOH stating that they took action after receipt of the complaint from the patient party regarding      non-production of CCTV footage and treatment sheet.

Thus considering the entire facts and circumstances of the case the Commission is of the firm view that the Complainant has miserably failed to establish the case against O.P. No.1/Nursing Home.                                    

Hence it is ordered……

That the case be and the same is dismissed on contest but without cost.

Both parties be supplied copy of this order free of cost.

 

____________________                 _________________         

HON’BLE   PRESIDENT           HON’BLE MEMBER