By : SRI SWADES RANJAN RAY, President.
This is a case for medical negligence.
Brief facts of the case is that son of the complainant namely Sambhab Sengupta has been suffering from a problem of kidney since birth and he is being treated at AMRI Hospital, Mukundapour at Kolkata for a long time and his date of birth is 26.11.2015. After birth of his son the child has gone through two major operations. Thereafter during the proposed third operation of his son, which was fixed in the month of April, 2017, doctor advised the complainant for a few tests of blood. On 25.04.2017 the complainant went to Thyrocare, Tamluk Branch for pathological tests (blood tests) and the OP no. 2 collected blood from his son for sample. Thereafter, the Thyrocare Lab supplied blood report on 26.04.2017 with result of Hepatitis B positive. On perusing the report, the Doctor of AMRI Hospital postponed the 3rd operation and advised that until and unless elimination of the hepatitis B the operation could not be possible. Thereafter the complainant gave blood sample at AMRI hospital at Kolkata as well as Roy and Trivedy at Calcutta wherein both the pathological Labs supplied the reports “Non Reactive” for HBsAg. I,e Hepatitis B inactive. Then the complainant again tested the blood of his child in Eco diagnostic and pathology and found the same result I,e non-reactive. Thereafter operation of his son was performed successfully.
The complainant alleges that due to negligence of duty & unfair trade practice his son’s life was at stake - caused for delay in the third operation. As a result this case.
Summons were issued upon both the Ops The OP no. 2 appeared and contested the case by filing written version denying all the allegations of the complaint. but the OP n 1 did not appear to contest the case, so the case is heard ex parte against the OP No 1.
It is stated in the WV that he is mere blood sample collector and he has no responsibility regarding result of the blood report.
On the basis of the above pleadings of all the parties, the points require discussion are whether the case is maintainable and whether the complainant is entitled to get the reliefs as prayed for.
Decision with reasons
Both the points are taken up together for consideration for the sake of convenience.
Both the parties have filed numerous documents in support of their respective contentions. Pursued all the documents.
We have carefully perused the affidavit of the complainant, the written version of the OPs and all the documents filed by both the parties, written argument filed on behalf of the OP No2 and heard the argument advanced by both the parties Considered.
The case of the complainant is that due to wrong report supplied by the OP no. 2 life of his son became endangered as doctors of AMRI Mukundapur Hospital refused to perform the third operation of his son., If the doctors of the AMRI Hospital did not advice the complainant for a second test at their hospital life of his child could be more risky and serious. Being advised by the doctors of AMRI , he tested blood of his child at AMRI hospital and the result was Hepatitis B negative. Thereafter again he tested the blood at Roy and Trivedy , Kolkata and Eko Diagnostic pathology at Kalata and both the result of blood test was the same” None Reactive’.
Now the question before us is how the OP no 1 and 2 tested the blood of the patient. Apparently it is not very clear from the written version that all the possible precautionary measures were taken and blood test has been done very carefully. Though the OP no. 2 claimed himself a mere blood sample collector of the OP no. 1 and he has no responsibility for the result of the test, but at the same time he got a license from the D/-37/1, TTC MIDC TURBHE’Nabi Mumbai, 400703. So the OP no. 2 cannot and should be escaped from his liability as son of the complainant suffered much and his life could be at stake for the wrong blood report supplied by them.
I have carefully compared the blood report given by Thyrocare Lab ( i e the OP nos. 1 &2) with the blood report given by AMRI hospital Mukundapur and Roy and Trivedy and Eco Diagnostic centre wherein I found that Thyrocare gave report “Hepatitis B positive “and AMRI and Roy and Trivedy and Eko Diagnostic gave report “Hepatitis B negative”. It is very clear that OP No. 1 and 2 gave wrong report . Hence, it is proved that the OPs were very negligent and careless in preparation of the blood test report of the son of the complainant and they are liable to pay the penalty.
Both the points are answered accordingly.
Hence, it is
O R D E R E D
That CC/127 of 2018 be and the same is allowed on contest against the OP No2 and ex parte against the OP No. 1.
Both the Ops are directed to pay the complainant Rs. 20,000/-for mental agony, Rs. 25,000/- towards cost of treatment of the son of the complainant and Rs. 5000/- towards litigation cost, totaling a sum of Rs. 50,000/- to the extent of 50% each to be paid by each of the OPs within 30 days from the date of this order, in default the complainant will be at liberty to put this order into execution.
Let copy of the judgment be supplied to all the parties free of cost.
