West Bengal

Paschim Midnapore

CC/67/2015

Sk. Sadek Ali - Complainant(s)

Versus

Dr. T.K.Biswas - Opp.Party(s)

Subrata Das

29 Dec 2017

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

PASCHIM MEDINIPUR.

                             

Pulak Kumar Singha, Member

and

Sagarika Sarkar, Member

   

Complaint Case No.67/2015

 

1. Sk. Sadek Ali, S/o-Late Sk. Liakat Ali,
2. Sk. Safik Ali (Minor) and
3. Sk. Sarfaraj Ali (Minor) both sons of Sk. Sadek Ali, minors are represented by natural guardian father Sk. Sadak Ali, residing at Maharajpur, P.O.-Panchkhuri,

P.S.-Kotwali, District- Paschim Medinipur

                                                                                      ..…….……Complainants.

Dr. T. K. Biswas of Rabindranagar, Midnapore, P.O.-Midnapore,

                                  P.S.-Kotwali, District- Paschim Medinipur.

                                                                 ………….….Opp. Party.

                                                     

            For the Complainant  :  Mr. Subrata Das, Advocate.

            For the O.P.                 :  Mr. Kshitish Palmal,  Advocate.

                                                                    

                                                             Decided on: -29/12/2017                             

                               

ORDER

                         Sagarika Sarkar, Member – This instant case is filed u/s-12 of the C.P. Act, 1986 by the complainant  Sk. Sadek Ali, S/o-Late Sk. Liakat Ali, Sk. Safik Ali (Minor) and Sk. Sarfaraj Ali (Minor) both sons of Sk. Sadek Ali alleging deficiency in service on the part of the above mentioned O.P.

                       Case of the complainant, in brief, is that the wife of complainant no.1 Nasima Bibi lower abdominal pain and visited the O.P.-Doctor T.K. Biswas on 11/07/2013. After examining said Nasima Bibi, O.P-doctor suspected that she was suffering from Appendicular lump and advised the patient to do some medical tests. Accordingly the patient did the said tests and visited the O.P.-doctor alongwith the reports of the tests and as per advice of the O.P.-doctor Nasima Bibi was admitted at

                                                                                                                                                                   Contd………..P/2

                                                             ( 2 )

 N. K. Chatterjee Memorial Maternity-cum-Nursing Home on 18/09/2013 for surgical operation of  Appendicular lump and after paying Rs.11,000/- on 20/09/2013 she was discharged from the said Nursing Home. It is stated in the petition of complaint that after 3 or 4 days of such surgery Nasima Bibi was complaining pain and visited the O.P-Doctor who operated her again by opening her abdomen at Happy Health Nursing Home on 01/10/2013 by receiving the treatment charges and discharged her on 08/10/2013. Finding no health improvement of Nasima  Bibi  the complainant no.1  visited again the O.P-Doctor and as per O.P-Doctor’s advice he admitted Nasima Bibi at Midnapur  Medical College & Hospital (MMC&H) on 13/10/2013. It is further stated in the petition of complaint that the health condition of Nasima Bibi was very serious and MMC&H referred her to N.R.S./S.S.K.M. Hospital for better treatment and informed the complainant no.1 that at the time of operation by the O.P-Doctor  some portion of the wall of large intestine was cut and  stool was accumulating inside the abdomen which was the cause of suffering of the patient.  Thereafter the patient was admitted in Calcutta National Medical College & Hospital on 16/10/2013 where she died on 10/12/2013 due to septicemia in a post operative case of Ileostomy.  

 It is further stated in the petition of complaint that knowing the above mentioned facts regarding the information about treatment of Nasima Bibi by O.P-Doctor got from MMC&H the complainant no.1  informed the O.P-Doctor and the   O.P-Doctor hearing the same agreed to bear the expenditure of treatment of Nasima Bibi and subsequently paid Rs.50,000/- on 20/10/2013, Rs.10,000/- on 25/11/2013 and Rs.10,000/- on 07/12/2013 towards the same.

 It is specific allegation of the complainant no.1 that the medical treatment administered by the O.P-Doctor in negligent manner caused death to Nasima Bibi , the wife  of complainant no.1  and mother of complainant nos. 2 & 3  which amounts to deficiency in service on the part of the O.P-Doctor.  Therefore the complainant no.1 served legal notice through his Ld. Advocate upon the O.P. on 27/01/2014.

Accordingly the complainant has prayed for direction upon the O.P. to pay Rs.10,00,000/- as compensation and to pay Rs.25,000/- as litigation cost and to pass any other order which may deem fit and proper.

O.P. has contested this case by filing written version. Denying and disputing all the material allegation lebel against him, it is the case of the O.P-Doctor that the case is bad for non-joinder of necessary parties as the patient was treated and operated by the doctor of Medinipur Medical College and Hospital and the cause of death of the patient was due to septicemia in a post operative case of Ileostomy which was done by the doctor of MMC&H on 13/10/2013. The O.P-Doctor has also stated that as the patient

                                                                                                                                                            Contd………..P/3

                                                                          ( 3 )

was admitted under Govt. scheme of Rastriya Swasthya Bima Yojona card so he did not receive any fees for her  treatment and further stated that due to illegal activities of the complainant no.1 alongwith some villagers he had to pay a hefty amount towards medical expenses of Nasima Bibi. Accordingly the O.P. has prayed for production of bed head ticket of the said patient issued by MMC&H and dismissal of the case.

 To prove their case both parties have examined themselves as PW-1 & OPW-1 respectively. Two witness of complainant no.1 have examined themselves as PW-2 and PW-3. During the evidence  of the complainant some documents are marked as exhibit 1 to 10 and  during the evidence of the O.P. some documents are marked as exhibit A to O.     

                                          Points for  determination

1. Whether  the complainant is the Consumer under the O.P. ?
2. Whether there is deficiency in service on the part of the O.P.-Doctor ?
3. Whether the complainant is entitled to the reliefs as prayed for ?

                    Decision with reasons

               Point no.1.

  It is evident from the medical expense receipt dated 08/10/2013 (which  is marked as 1/1 for identification) that the complainant no.1 had paid Rs.4,000/- towards treatment of Nasima Bibi (now deceased) and making payment of such consideration for availing medical treatment for the said patient the complainant no.1 has become the consumer under the O.P.-Doctor.

Point no.1 is decided accordingly in favour of the complainant.

              Point no.2.

Admittedly the wife of the complainant was operated surgically (Appendectomy) on 19/09/2013 by the O.P.-Doctor and subsequently on 03/10/2013 her abdomen was further opened by the O.P.-Doctor for stitch abases. It is stated by the complainant no.1 that his wife was complaining further abdominal pain and for that reason she was admitted at Midnapore Medical College & Hospital. It appears from the bed head ticket issued by MMC&H (exhibit-8 series) that the patient party had acknowledged The patient had undergone twice surgical operation by opening her abdomen which caused infection (Septicimia) which might lead to fatal destination and he came to know the same from the treating doctor of MMC&H and the patient party consented for another surgery. It further appears from the prescription dated 13/10/2013 (Exhibit-8/3) issued by treating doctor of MMC&H that the patient was admitted with the symptom of Pain and pas like discharge around surgical wound following appendectomy.

                                                                                                                                                              Contd………..P/4

                                                                         ( 4 )

 Finally it appears from the death certificate (Exhbit-1) of Nasima Bibi dated 10/12/2013 issued by Calcutta National Medical College and Hospital that the cause of death was septicemia in a post operative case of Ileostomy. Therefore it is evident from the abovementioned evidence that, septicemia was existing before treatment of the patient in Medinipur Medical College and Hospital which ultimately caused to death of the patient Nasima Bibi.  Admitted position is that before taking the patient to MMC&H she had been operated twice by the O.P.-Doctor. Therefore it is crystal clear that septicemia had been started with the operation done by the O.P.-Doctor. Moreover, at the time of deposition the O.P.-Doctor deposed “When I operated the abdomen of Nasima Bibi for the second time, then she had infection with fever and pain”. It indicates that the infection took place after the first operation which was done by the O.P.-Doctor. It is pertinent to mention that the O.P.-Doctor has prayed for perusal of the bed head ticket of MMC&H, however on perusal of the same it appears that septicemia was existing before admission in the said Hospital.

In any surgical operation it is standard practice that the surgeon should take proper care and caution so that any infection like septicemia cannot be form or spread but in this case the O.P.-Doctor operated the patient in such negligent manner that she had been infected with septicemia. This deviation of standard skill and practice amounts to deficiency in service on the part of the O.P.-Doctor.

Point no.2 is decided accordingly.

             Point no.3.

Evidently the wife of the complainant no.1 had died at the age of 28 years leaving her two minor children and her husband.  The complainant no.1 has to look after two minor children in absence of their mother who had died due to negligence in medical treatment administered by the O.P.-Doctor. A home-maker serves the home in such a way which cannot be measured only by financial quantum. A home-maker serves for her family by nourishing and nurturing a relationship-bond between the family members. The untimely death of a home-maker usually causes a disaster to her family. In the instant case the medical treatment administered by the O.P.-Doctor in negligent manner has caused disaster to the family of the complainant no.1 specially to his minor two children.

Considering such state of affairs we are of opinion that the O.P.-Doctor should compensate the complainant to the tune of Rs.5,00,000/- as compensation and Rs.10,000/- for cost of litigation.

Point no.3 is decided accordingly.

In the result the consumer complaint succeeds.   

                                                                                                                                                               Contd………..P/5

                                         

                                                                        ( 5 )                  

                                                                                                           

                                 Hence, it is,

                                                          ORDERED

                                   that the consumer complaint case being no. 67/2015 is allowed on contest against the O.P. with cost.

O.P. is directed to pay Rs.5,00,000/-(Rupees five lakhs) only to the complainant no.1 within one month from this date of order failing which the entire amount shall carry interest @10% p.a. to be accrued from the date of  default till realization thereof.

O.P. is further directed to pay Rs.10,000/- towards cost of litigation to the complainant no.1 within one month from the date of order.

                       Let plain copy of this order be given to the parties free of cost.

 

                Dictated and Corrected by me

                          Sd/- S. Sarkar                                                       Sd/- P.K. Singha. 

                               Member                                                                   Member