Hon’ble Mr. Subhas Ch. Guin, Member.
The complaint of the Complainant in brief as culled out from the complaint petition is that Smt. Gita Shil aged 30 years, W/O- Sri Mintu Shil who is a resident of Village- Dorka, P.S. Baxirhat, Dist- Cooch Behar saw Dr. B.K. Dutta on 13.07.2019 for pain in her abdomen. The doctor advised her to get an USG test of whole abdomen done after clinically checking her. That on the same day the Complainant went to Devi Diagnostic Centre, Cooch Behar (O.P. No.1) to get the test done and USG of whole abdomen was done by Dr. Basudev Halder, MD(Radio diagnosis) O.P. No.2 at the centre on payment of Rs.900/-. The said test report reveals that the common bile duct(in short CBD) is dilated (9.9 mm) and one calculus(6.5 mm in size) present at distal end of CBD for which Choledocholithiasis and polycystic ovarian disease were diagnosed by the consulting doctor. To her utter dismay, the Complainant saw another doctor named Dr. Pabitra Roy, MS who diagnosed after checking the said USG report as an operation case. Thereafter, the Complainant visited the chamber of Dr.Sailaja Gupta, MS, FMAS at Siliguri who prescribed her to go for an MRI test which she got it done at Anandaloke Sonescan Centre Pvt. Ltd on 22.07.19. This MRI test report reveals that there is no evidence of CBD calculus. Thus by checking the MRI report Dr. S. Gupta prescribed some medications and after following advice she totally fit. Therefore the Complainant came to the conclusion that the USG report dated 13.07.19 of the O.P. No.1 was totally wrong for which she filed a written complaint before the O.Ps but they did not receive the same. She again sent a written complaint through registered post with A/D but no response came from the O.Ps till date. Thereafter, the Complainant again got an USG done on her own t be perfectly sare about the CBD calculus on 12.09.19 at Spandan Medical Diagnostic Centre, Cooch Behar where it was revealed that CBD was normal and no sizeable calculus was visualized. So, the Complainant claimed that due to deficiency in service and negligence of O.Ps she suffered at a lot from mental pain and agony and at the same time incurred a huge expenditure for the same. The cause of action arose on 13.07.19 when the Complainant got an USG done of her whole abdomen and on 22.07.19 and still continuing. Having found no other alternative she filed this case before the Commission for redressal of her grievances. She prayed for an order to pay Rs.1 Lakh for deficiency in service and Rs.10,000/- for litigation cost.
Summons were served upon the O.Ps. The O.Ps contested the case by filing written version, evidence on affidavit and written argument. The O.Ps also submitted some documents in firisti regarding medical literature in support of their defence plea. The O.Ps in their defence stated that the Complainant Smt. Gita Shil came to the O.P. No.1 Laboratory for USG test of her whole abdomen referred by Dr. B.P. Roy, MD not by Dr. B.K. Dutta, MD as mentioned in the complaint petition. The O.P. No.2 had done the USG of whole abdomen of the Complainant being a specialized doctor of that field on receipt of payment of Rs.900/- from the Complainant and issued the USG report and plate to the Complainant. It was revealed from the said report that the CBD was dilated (9.9 mm) and one calculus (6.5 mm in size) was present at distal end of CBD for which the O.P. No.2 doctor diagnosed inter alia “Choledocholithiasis”. The Ld. Advocate for the O.Ps argued that he had nothing to comment on the treatment of other doctor and further USG report of other centre of the Complainant but he asserted that CBD stone could pass spontaneously into dnodenum at any point of time without causing any effect. So such stone might not be seen on subsequent USG report/ MRI report done after a few days. As the other USG/ MRI report did not show any evidence of CBD stone which did not mean that USG report of the O.P. No.1 was not correct for which the O.Ps should be held liable. The O.Ps submitted some documents relating to medical literature of CBD stone in support their defence plea.
Perused the case record and all documents submitted by the Complainant and the O.Ps. Heard the argument advanced by the Complainant and O.Ps at length.
So, for adjudicating the instant case those documents need to be analysed minutely and for this following points are required to be discussed at length to reach a conclusion.
Points for Discussion
- Whether there was any deficiency in service on the part of the O.Ps?
- Whether the Complainant in entitled to get relief for the same?
Decision with reasons
Above mentioned points are discussed all together with reasoning by analysing the evidence and documents submitted by both parties. The deficiency in service or medical negligence on the parts of the O.Ps as alleged by the Complainant is the matter of adjudication in this instant case. The controversial presence of calculus in the CBD of the Complainant and its vanish after a few days without any surgical procedure is the bone of contention between the both parties. The Complainant Smt. Gita Shil got USG test done of her whole abdomen by the O.P. No.2 doctor on 13.07.19 (Annexure-B). The test report revealed impression inter alia“Choledocholithiasis” which required to be operated by a surgeon. Thereafter the Complainant saw a surgeon named Pabitra Roy, MS who advised the Complainant after contemplating the USG report that it was a case of surgery (Annexure-D). Again she visited the chamber of another surgeon Dr. Sailaja Gupta, MS, FMAS for second opinion who advised her to test for an MRI of whole abdomen (Annexure-P). The MRI test was done at Anandaloke Sonescan Centre Pvt. Ltd. at Siliguri on 22.07.19 (Annexure-E) which revealed “No evidence of CBD calculus”. Being confused with test report of USG by the O.P. No.2 doctor and MRI report, the Complainant informed the matter of MRI report to the O.Ps but O.Ps did not respond to her written complaint. To be cent per cent sure about the absence of calculus in the CBD, the Complainant again got an USG test done at Spandan Medical Diagnostic Centre, Cooch Behar. The said USG report also revealed that CBD was normal and no sizeable calculus was visualized. So, from the three tests report, the Complainant came to the conclusion that the O.P. No.2 doctor had done the USG test in a negligent manner which might have posed a serious threat to her life had she been undergone a surgery for the same and at the same time she had incurred a huge expenditure for undergoing treatment alongwith test by different doctors.
On the other hand it is crystal clear from the test reports Annexure-B dated 13.07.19 and Annexure-E dated 22.07.19 that the CBD stone was vanished with an interval of eight days. The Ld. Advocate for the O.Ps in his defence plea stated citing some medical literatures that there is 73% chance of Spontaneous passage of CBD stone without causing any effect to the patient. So in this case spontaneous passage of CBD stone occurred which was revealed in the next test report (USG and MRI). Therefore the USG test done by the O.P. No.2 doctor was correct and he is no way liable for medical negligence or deficiency in service. One medical literature submitted by the O.Ps (Gut, 1974, 15, 48-51) describes the treatment of retained stone in the CBD with sodium cholate infusion but no such treatment was done by O.P. No.2 doctor nor by other doctors. So this literature has no bearing on this case. Another literature “PMC Full Test” which is a case study on 1000 patients where 532 patient had evidence of stone in the CBD at any point of time prior to Cholecystectomy and 142 patients had CBD stone at the time of operation. So 390 patients who had good evidence of previous duct stone but none at the time of Cholecystectomy. By implication80%, 84%, 93% and 55% of patients presenting with Pancreatitis, Colic, Cholecystitis and Jaundice (73% overall) had passed their bile duct Spontaneously. The conclusion of the said study reads as “It is likely that most bile duct stone(3 in 4) pass spontaneously especially after pancreatitis, biliary colic and Cholecystitis but less commonly after Jaundice”. Thereafter it is clear that CBD stone pass spontaneously with disease like Pancreatitis, Colic, Cholecystitis and Jaundice for which patient in required to be on medication. But in this case patient (Complainant) had seen many doctors but no such diseases were detected by them nor did they prescribe any medicine for the same.
Moreover, the said case study is incomplete in one sense. It does not utter a single word about time required for spontaneous passage of CBD stone. In this case, the CBD stone disappeared with lapse of eight days only. No test report of USG or MRI shows any evidence of CBD stone after a few days. Therefore, how can the CBD stone pass spontaneously without any medication of the diseases mentioned in the literature. Hence an inference can be drawn that the USG test done by the O.P. No.2 doctor was wrong which was due to done in a negligent manner. These act of the O.Ps tantamount to deficiency in service which in turn caused mental pain and agony to the Complainant. Therefore, the Commission opines that the Complainant is entitled to get relief as prayed for in her complaint petition.
Hence, it is
Ordered
That the complaint case No. CC/111/2019 be and the same is allowed on contest with cost.
O.Ps are directed to pay a sum of Rs.40,000/- for deficiency in service and Rs.10,000/- for litigation cost jointly and/or severally to the Complainant within 30 days from the date of passing this order failing which the total sum of Rs.50,000/- (Rupees Fifty thousand only) shall carry an interest @ 6% per annum till its realisation.
D.A. to not in the trial Register.
Let a plain copy of this Order be supplied to the concerned party by hand/by Registered Post with A/D forthwith, free of cost, for information & necessary action as per rule.The copy of the Final Order be also available in the official website: www.confonet.nic.in.
Dictated and corrected by me.
