The gist of the case that the complainant suddenly felt abdominal pain and visited Dr. Tapan Halder. Dr. Tapan Halder examined the complainant on 24/10/2015 and asked to undergo for some tests.
n perusing of the reports Dr. Halder told the complainant to meet Dr. Manoj Kumar Jha. The complainant visited Dr. Manoj Kumar Jha who after perusing the reports suggested that the complainant developed actual stone and surgical correction can give her permanent relief. Dr. Manoj Kumar Jha suggested the complainant to meet Dr. Sanjeeb Kr. Karmakar. Dr. Manoj Kr. Jha being pre-occupied with many cases had no time to operate the complainant who suggested the complainant to meet Dr. Sanjib Kr. Karmakar. The complainant met Dr. Sanjib Kr. Karmakar who on perusing the document suggested admission at Mahananda Nursing Home for operation. The complainant and her husband without fail went and met the Proprietor Dr. Salauddin who said that the Mahananda Nursing Home is the best in North Bengal and provides excellent service of expert, and has qualified medical and para-medical staff and asked the complainant to pay Rs.20,000/-(Rupees Twenty Thousand Only). The complainant paid Rs.45,000/- (Rupees Forty Five Thousand Only) to the proprietor and got admitted to the nursing home.
On 25/11/2015 the complainant was admitted in the Mahananda Nursing Home and got discharged on 30/11/2015. Dr.Salauddin and Dr. Sanjib Kr. Karmakar informed the husband of the complainant that they have removed all actual stone and as per discharge report “Cholecystectomy and gastric fistula close end to layers done by the doctor”. The doctors informed the husband that the patient felt a pain within a day and the condition persisted and she had the same complaint that was there prior to the operation. After five days of discharge the complainant visited the nursing home for removal of the stitch where Dr. Salauddin advised for readmission of the patient. Since, the first operation was faulty for non-observance of standard protocol of surgery.
On 05/12/2015 the complainant was again admitted in Mahananda Nursing Home. Dr. Sanjib Kr. Karmakar, Dr. Salauddin and Dr. Sudipta Roy was engaged for the treatment of the complainant. The complainant also states that Dr. Salauddin and Dr. Sudipta Roy were deployed for surgical intervention though they were not surgent. The complainant also complained that the bed was not clean and dirty and no nurse or paramedical staff attended the patient on repeated call. When the complainant was taken to the operation theatre in the presence of Dr. Salauddin, Dr. Sudipta Roy and Dr. Karmakar the condition started deteriorating rapidly. The kidney started malfunctioning and started repeatedly deteriorating. When the condition of the complainant was out of control in the nursing home they forced the complainant /patient and the patient party to get the complainant discharged and issued discharge certificate.
Thereafter, the complainant got admitted at N.R.S. Medical College. The doctors of N.R.S advised some tests which revealed that the actual stone was not removed properly by the treating doctors at Malda for which she was put to the threshold of death.
After operation and removal of stone at N.R.S the complication which the complainant suffer subsided and her condition started improving. The complainant also alleged that she paid Rs. 2,00,000/- (Rupees Two Lakhs Only) to the Nursing Home, Rs. 1,00,000/- (Rupees One Lakh Only) to Dr. Sanjib Karmakar, Dr. Salauddin and Dr. Sudipta Roy but the nursing home issued a bill devoiding of all expenditure and gave bill of Rs. 45,000/- (Rupees Forty Five Thousand Only). The complainant also approached C.M.O.H. at Malda who had refused to entertain her complaint. Hence, the case.
The cause of action of this case arose on 25/11/2005. All the O.P. Nos 4,5 and 6 entered appearance and filed their written version. O.P. Nos. 1, 2 and 3 remains unpresented and the case is fixed for ex parte against the contesting O.Ps and also against the O.P. Nos. 6,7 and 8. The case was initially fixed for ex parte against O.P. Nos. 4,5 and 6. Thereafter the case was fixed for cross-examination and then filing of questionnaires against the evidence of the complainant. But the contesting O.Ps failed to appear before this Forum /Commission in spite of filing written version when the date was fixed for cross-examination and thereafter for filing questionnaires as such the case was also fixed for ex parte against O.P. Nos 4 ,5 and 6 and the evidence filed by the complainant remains unchallenged.
The O.P. Nos. 4 in his written version stated that Dr. Sudipta Roy was requisitioned when the patient /complainant was operated for the second time in the nursing home and as per him the condition of the patient was not found to be sound. He advised for removal of the patient /complainant to some other better institution.
O.P. No.5 Dr. Manoj Kr. Jha denied that he had made any referall to Dr. Sanjib Karmakar. Dr. Manor Kr. Jha has stated in his written version that Dr. Tapan Halder and the doctors concerned who did the surgery and treated the patient as physician who had no negligence on their part.
The written version filed by Tapan Halder (Pro-O.P. – 6)seem to have adopted the written version of Pro O.P. No.5.
The complainant has filed all documents in original.
POINTS OF DISCUSSION
- Is there any negligence on the part of O.P. Nos. 1,2,3 and 4 ?
- Whether the doctors incorporated as Pro O.P. duly discharged their duties with utmost care and maintenance?
- Whether the treatment protocol required by a doctor with the requisite skill were observed or not?
- Whether the complainant is entitled to get any compensation as claimed for ?
::DECISION WITH REASONS::
It is an admitted fact that Maida Bibi the complainant went for treatment to Dr. Tapan Halder, Dr. Manoj Kr. Jha and various other doctors. It is also admitted fact that from the discharge certificate that complainant was admitted in Mahananda Nursing Home on 25/11/2015. The discharge certificate dt. 30/11/2015, the day the complainant was discharged after first admission at Mahananda Nursing Home under the head diagnosis it was written cholecystectomy with cholelithiasis and choledocholithotomy, T2, DM, MTN, Hypothyroidism. Cholecystectomy with Choledocholithotomy and gastric fistula closed in to layers done under G.A. on 25/11/2015 (T-Tube) at SITU. She was under the treatment of Dr. Sanjib Kr. Karmakar who possesses a degree of MS(Gold Medalist) and Dr. Salauddin, M/D, MBBS was the other consultant. Thereafter, discharge certificate of Mahananda Nursing Home discharge date being 12/12/2015 the said complainant was again under treatment of Dr. Salauddin. This time the other consultant doctors were Dr. Sanjib Kr. Karmakar and one Sudipta Roy. The wife of the complainant was admitted for the second time she was having discharges from her wounds, burning sensation in the urine along with vomiting she was diagnosed with wound infection UTI, T2, D.M. HTN and hypothyroidism. It is very curious that the post operated wound infection management was done by three doctors. One of them having a degree of M.S.and gold medalist. Why wound infection with UTI required a surgeon remains unanswered. The patient or the complainant was further admitted to NRS Medical College. The discharge certificate dt. 04/01/2016 of NRS Medical College Hospital, Kolkata under the head surgery, date and time, surgery status shown ER LP done outside on 01/01/2016 with T – tube and: stone removed and ten FR pigtail stent placed in CBD. It is quite apparent from the discharge certificate of NRS Medical College Hospital that within a span of 36 days the complainant was twice operated for removal of stone in medical term cholecystectomy of the gall bladder which in simple terms means that the complainant had to undergo surgery for removal of stone from the gall bladder twice. Moreover, she was admitted at Mahananda Nursing Home for the second time on 05/12/2015 and she was discharged on 12/12/2015 i.e. seven days. We fail to understand that management of first discharge from wound along with UTI, T2, DM, HTM, hypothyroidism required more test and days of hospitalization then actual surgery of cholecystectomy on 25/11/2015 was done when she was discharged on 30/11/2015.
It is apparent from the discharge certificate that Mahananda Nursing Home has failed in giving proper treatment to the patient /complainant herein for which she was hospitalized after her first discharge on 30/11/2015. Both the times when the complainant herein was admitted in Mahananda Nursing Home, Dr. Salauddin, and Dr. Sanjib Kr. Karmakar were present. Not only that during the second time when the complainant was admitted for room management curiously enough they had kept Dr. Sudipta Roy for the treatment. We also find that the Pro O.P. No.5 Dr. Manoj Kr. Jha whose letter head shows that he is a Consultant Paediatric Surgeon how a Paediatric Surgeon undertakes treatment of a lady of 50 (fifty) years and advised admission. It is very unfortunate that to expand ones practice and for some financial gain doctors are changing their line of practice which is very glaring from the prescription issued by Dr. Manoj Kr. Jha who being a Paediatric Surgeon is treating an adult of 50 years. This commission condemns such practices adopted by physician for some personal gain. It is unfortunate that patience like Maida Bibi who comes from villages and not having any knowledge about classification of doctors and their line of practice. They visited any doctor only with the intention to get relief from that what they are suffering from as such if a doctor like Manoj Kumar Jha being a responsible citizen does not guide the patient and patient parties properly. They will be rapped for the offence of unfair trade practice.
We, therefore, come to this conclusive opinion that Mahananda Nursing Home and the doctors viz. Dr. Salauddin, Dr. Sanjib Karmakar along with the Proprietor of Mahananda Nursing Home i.e. O.P. No.1, 2 and 3 are liable for medical negligence, when a patient is suffering with a bodily pain which causes utter discomfort to the person in leading a normal day to day life which takes the person to visit an expert in that field, in this case a doctor who could properly guide, manage by way of diagnosis and provide proper treatment which will cure the patient of the discomfort.
In the instant case the doctors concerned has done colosistechtomy of the complainant in a very negligent manner for which she had to get admitted twice, first time for operation and second time for wound management and thereafter, for the third she had to get operated for the disease for which she was admitted for the very first time at the Mahananda Nursing Home.
We understand that between patient and doctor a relationship between the two builds up, thus as the patient does not know about the medical practice he will put his faith in the doctor and the doctor will be much of his duty to serve the patient and the doctors must opt for a reasonable degree of care. The patient and the patient party herein are not skilled in medical field and therefore, the onus to prove that there was no negligence depends upon the O.P. as such the O.P. Nos. 1,2 and 3 failed to prove their innocence and is liable for negligence towards the complainant. Therefore, the complainant has been able to prove that the O.P. Nos. 1, 2 and 3 are liable for medical negligence and deficiency in service and the case is, therefore, allowed in favour of the complainant and against the O.P. Nos. 1 2 and 3. The case is dismissed against the O.P No.4 and Pro O.P. Nos 5,6,7,8 with a special caution to Pro O.P. No.5 that misconduct of practice if appears this Commission will take strict action against him i.e. Pro OP No. 5 without any fail.
C.F. paid is correct.
Hence, ordered that
the O.P. Nos. 1, 2 and 3 are jointly and severally liable to pay a sum of Rs. 1,50,000 (Rupees One Lakh Fifty Thousand Only) together with Rs.5000 (agony and Rupees Five Thousand Only) for mental harassment and agony suffered by the complainant together with Rs. 10,000/- (Rupees Ten Thousand Only) as litigation cost within 45 days from the passing of this order failing which the O.Ps are liable to pay Rs.150/- (Rupees One Hundred Fifty) equally and severally from the 46th day till full and final payment.
The complainant shall be at liberty to put this order in execution if the statutory period is over.
Let a copy of this judgment be given to the Complainant/O.Ps free of cost on proper application.
