This is a Consumer Complaint under Section 17 of the Consumer Protection Act, 1986. The fact of the case in nutshell is that the Complainant Sabina Khatun an young woman was suffering of skin rashes and itching sensation. The O.P. Dr. S.K. Debnath a General Physician who claimed himself to be an Ex BMOH of Makradangi Health Center of Jalpaiguri practicing at Jalpaiguri near the residence of the Complainant. The Complainant with such health problems came to the Chamber of Dr. S.K. Debnath. Dr. Debnath (O.P.No.1) has examined her on 05.01.2019 and prescribed some medicines and asked her to buy the same from a particular shop. The O.P. Dr. Debnath has also suggested some tests to which the Complainant got such tests from O.P. Nos. 2 and 3 that is Anandalok Sonuscan Pvt. Ltd and Anandalok Multi Specialty Hospital. But consuming some particular medicines prescribed by the Dr. Debnath her condition kept on deteriorating and she grew blood red in color and unnatural sole and face. On 30.03.2019 it was detected she has developed the disease of Leukemia and the intensity of such disease was so high that she was compelled to go to higher center for cancer treatment. The Complainant went to one Mr. M.K. Bhattacharjee a cancer specialist and under instruction and guidelines she took admission at Narayana Super Specialty Hospital at Howrah and she has to spend huge amount to continue such treatment and during treatment at Narayana Hospital it was further detected that the patient was developed with Tinea corporis with scabies in her whole body and such type of disease was developed due to systematic steroid Intake provided by Dr. Debnath. The further case is that during the course of treatment under O.P. No. 1 Dr. Debnath she was administered high doses of oral Methotrexate for three months Methotrexate (MTx) formally known as Amethopterin which is a Chemotherapy agent and immune system suppressant. It is also use to treat cancer, auto immune diseases and Ectopic pregnancy. Such doses are usually taken weekly and not daily but in the case of the Complainant such type of medicine was prescribed for daily consumption and due to such reason, the patient/Complainant has suffered total damage in her body and thus she is now suffering in Predisposition to infection, nausea, abdominal pain, fatigue, fever etc. During the course of treatment at Narayana Hospital. While, it was detected that due to such unscientific method of treatment of P.W.1 administered of huge Steroid drugs and the condition of the Complainant was too much deteriorated and Narayana Hospital totally stopped the system of oral steroids. The skin diseases she was suffering now countered well and she is recovering quite fast but the affect of the experiment of OP.W.1 has created in the Complainant’s body is beyond comprehension. The unnecessary medicines used the O.P. 1 has administered on the Complainant has affected the Metabolism as a whole, the major organ system inter alia others. The Complainant had healthy Menstrual cycles without any difficulties which has completely stopped due to the reckless most irresponsible, outrageously experimental treatment by the O.P No.1 and that too without any need in the presence of patient’s body or authority with the O.P. No.1. According to the Complainant this is a gross violation of medical ethics and negligence of the highest magnitude which can be never justified for a professional Doctor risking the life of a persona and for that reason the Complainant registered the Consumer Complaint with a prayer to refund the entire expenditure of Rs. 1 Lakh which she was compelled to incur for the wrong treatment of O.P. No. 1, compensation to the tune of Rs. 48 Lakh for severe loss of health and vital organ, mental agony, harassment etc and Rs.25,000/- as litigation cost.

The Consumer Complaint was registered on 21.01.2020 before this Commission. It was admitted on merit on 03.02.2020 and notice was sent to the address of the O.P.s. The O.P. Nos. 2 and 3 that is Anandolok Sonuscan Pvt. Ltd and Anandalok Multi Speciality Hospital. After receiving the notice of the case appeared through Ld. Advocate and submitted the W.V. against the Consumer Complaint. O.P. No.1 that is Dr. Debnath has refused the notice and it was returned back unserved with a postal remark  “refused”. The O.P. No. 1 Dr. Debnath did not come to this Commission to contest the Consumer Dispute and sufficient opportunity was given to him to file the W.V and to contest the case but he never approached this Commission to contest the case. So, the case against him was placed for Ex-parte hearing. The O.P. Nos. 2 and 3 in their Written Version mentioned that the O.P. Nos. 2 and 3 have rendered proper medical service to the Complainant whenever she came here for some diagnosis and tests and no relief has sought for against them and is not entitled to get relief anything from O.P. Nos. 2 and 3.

Decision with reasons

The Complainant S. Khatun tendered her evidence by affidavit-in-chief and she has categorically mentioned about the treatment by Dr. Debnath (O.P. No.1) she also put the entire blame against O.P No. 1 for her sufferings due to gross medical negligence on the part of O.P. No. 1. The O.P. No. 2 and O.P. No. 3 were asked to put the questionnaires against the evidences of P.W.1 but O.P. Nos. 2 and 3 did not furnish any questionnaires. O.P. Nos. 2 and 3 did not submit the affidavit-in-chief. So, the argument of both sides was heard. Mr. P. Roy has represented the Complainant as an Advocate and Ld. Advocate Mr. C. Chakraborty and A. Rai have conducted the hearing on behalf of the O.P. Nos. 2 and 3. The Complainant in support of his case produced bunch of documents which shows that Dr. S.K. Debnath has continued the treatment of Complainant. After consulting all the medical papers produced by the Complainant it shows that in some of the documents the name of the patient mentioned as Amina Khatun whereas the Complaint has been registered in the name of Samima Khatun and the Complainant put her signature in the affidavit mentioning her name as Samima Khatun. However, some of the medical documents also shows that the name of Samima Khatun is there. So, it is a gross mistake on the part of the medical practitioners who instead of referring the name Samima Khatun wrote the name of patient as Amina Khatun this is mere technical wrong. The case history and summary of patients S. Khatun clearly reflects that Tinea corporis developed in whole body following excessive Steroid intake and for that reason she had to suffer with extensive Lesions all over body for six months along with dry Silver Scale Lesions on the lower lump with associated itching. There was pain all over body with generalized witness. There was rise of temperature particularly in the evening due to long Intake of Steroids like oral Methotrexate thrice a day for continues of three months. So, without any further opinion in this particular case the negligence on the part of Dr. Debnath regarding the treatment of the Complainant S. Khatun is well established beyond any doubt. Rather, the process of treatment and prescription of medicines itself clearly follows the maxim Res ipsa locutor that is negligence speaks itself. Therefore, the Complainant due to such conservative inappropriate treatment and diagnosis on the part of Dr. Debnath the Complainant had to go endless sufferings at such young age. She has developed severe abnormalities in her body which is not completely curable in near future. Therefore, without any hesitation the Commission holds that the Complainant is entitled to get reliefs she has prayed against O.P. No. 1 Dr. S.K. Debnath due to his medical negligence in rendering treatment to the Complainant S. khatun. Considering all aspects Dr. Debnath (O.P No.1) should be asked to pay a handsome compensation otherwise the purpose of justice could not be fulfilled. Thus, the instant Consumer Complaint should be allowed on its own merit. It is also revealed that the O.P Nos 2 and 3 have no wrong on their part and no liability to be imposed upon them and they shall be absolved from any liability in the instant Consumer dispute.

Hence, it’s ordered

That the instant Consumer Complain under Section 17 of C.P. Act, 1986 is allowed ex-parte against O.P. No. 1 Dr. S. K. Debnath and dismissed on merit against O.P. Nos. 2 and 3 without imposing any cost. The O.P. No. 1 Dr. S.K. Debnath is asked to pay Rs. 5 Lakh (5,00,000) to the Complainant Samima Khatun for compensation on account of medical negligence on his part which caused physical injury, mental agony and harassment of the Complainant. The O.P. No. 1 is also further asked to pay Rs. 10,000/- as litigation cost to the Complainant. All these amounts as imposed shall be paid within 45 days from the date of order, failing which 8% Per-annum as interest over the awarded money to be carried on.

A copy of this order be supplied to the party free of cost.