This appeal is directed against the final order dated 26/09/2014 delivered by Ld. D.C.D.R.F Coochbehar in CC. No. 59/2012. The fact of the case in nutshell is that the respondent Nitish Debnath registered a consumer complaint to the effect that his daughter Moumita aged about 17 years who was suffering from high fever, vomiting etc. admitted at J.D hospital, Coochbehar on 01/04/2011 under Dr. J. Bhattacharjee who advised the complainant to take his daughter to NBMCH as the condition of the patient deteriorating. The complainant then admitted his ailing daughter to Subham Hospital & diagnostic centre ( OP No. 1) at Coochbehar, under physician Dr B. Das( OP No. 4). Surprisingly just after admission of Moumita, Dr. Das went away to Kolkata leaving the patient under the care of Dr. D. Halder ( OP No.2) where his daughter breathed her last on 18/04/2011 in uncared condition where gross negligence of medical service was there on the part of OP No. 1, 2 and 4 for which a girl of 17 years has left the world. The OP No. 1, 2 and 4 has contested the case by filing separate written statements and contended that no latches or negligence was there on their part in rendering appropriate medical services towards the patient Moumita.

The op No. 2 in his WV specifically mentioned that patient Moumita was suffering in tubercular meningitis and after obtaining second opinion of a neuro physician A.K Roy he prescribed appropriate medicines to the patient like drug 4 regime which is  the common medicine applied to the patients of tubercular meningitis.

All the contesting Ops categorically mentioned in there pleadings that the patient was admitted in their medical centre in a critical condition and the attending physicians time and again asked the patient party to shift her to a higher medical centre. But their approach was not entertained by the patient party. The Ops has rendered proper and adequate medical assistance and no negligence was there on their part.

In this case the complainant submitted the evidence-in-chief. The Ops of this case did not adduce any oral and documentary evidence.  Even the Ops did not furnish any written note of argument. Ld. Forum to adjudicate the case suomotu  referred the case to NBMCH for medical expert opinion and could obtain the report and there after adjudicated the dispute and  delivered the final order holding medical negligence on the part of OP No. 1,2 and 4.

Being aggrieved with the final order this appeal follows against the said final order on the grounds that the order of Ld. Forum appears to be defective, improper and unauthorised in law.

The appeal has been contested by the complainant / respondent Nitish Debnath.

Both appellants and respondents has participated in hearing the appeal and submitted W.N.A through Ld. Advocates.

Decision with reasons

After hearing both sides and on perusal of all available material documents, it is established that patient Moumita was, at first, examined by Dr. J. Bhattacharjee who asked the patient party to shift her to a higher medical centre. Accordingly the patient was shifted to op no. 1 Nursing home and got admitted there under Dr. B. Das ( op No.4 ) on 1/04/2011.

Dr. B. Das started treatment of the patient till 5/4/2011 and the condition of the patient was gradually improved. Dr. Das left Cooch Behar for his visit to Kolkata on 5/4/2011 and he left the patient under the care of Dr. D. Halder (Op No 2). Op No 2 took help and advice of Dr. A. Roy Neuro Physician and started to apply routine medicines like drug 4 regime which was the conventional treatment for a tubercular Menengities patient. On 7/4/2011 Dr. Halder (Op no. 2) asked to apply medicine like ante tubercular called RITA-I-6 kid to the patient and the on duty nurse at a time has applied some such tablets to the patient with a spoon and there after the convulsions of the patient gradually started which resulted to the end of this episode. It is pointed out on the part of OP no. 2 and 4 that the patient before admission in hospital of OP no. 1 was suffering in high fever for more than three weeks followed by altered sensorium along with history of frank convulsions and observing all these symptoms it was diagonized that the patient was suffering in tubercular Menengities and for that reason injunction decadrone on regular basis and also started full course of ATT with four drugs R- CIN, INH, Combutol and PZA as per advice of neuro Physician Dr. A. Roy and all the medical facilities was provided to the patient  who brought in a critical and precaurious condition.  It is pointed out by Ld. Advocate of the appellant that all the medicines was prescribed to the patient after proper diagnosis and Dr. A. Roy the neuro physician also suggested such treatment while in this case  he was not impleaded in this case and no effective judgement could be delivered till Dr. Roy is made a necessary party to this case.       

After going through B.H.T and other documents it is not found that Dr. Roy had any effective role in the process of medical treatment of the patient Moumita at Subham Hospital. So  there was no statutory obligation of the Ld. Forum to hear Dr. Roy and the complainant had no legal obligation to implead Dr. Roy as necessary party.

Ld. Advocate of the appellant further pointed and that in this case the confirmative diagnostic test like CSF and BLISPOT was not available in North Bengal and the patient party could not afford such tests due to their limited means.

Here in this case an expert report from NBMCH could be obtained where the expert committee categorically opined that the patient was primarily treated as T.B. patient without any test or clinical investigation which was must for the treatment of a T.B. Menengities disease. The drug ZOVIRAX 400mg which was consumed by the patient was not a medicine of T.B. Menengities patient.

The committee further observed that C.T. Scan of brain of the patient was not done. CSF ADA level was not done. Bilateral hilar congestion in chest X-ray was not followed up and Sputum for AFB was not checked as per the available papers.

The expert committee further observed that the patient’s body weight was not recorded in BHT and for that reason appropriate dosage of the drugs administered could not be properly calculated.

So, in overall scrutiny of the available documents and after going through expert opinion it is found that during the course of treatment of the deceased Moumita at subham Hospital under the care of Dr. Das and Dr. Halder no proper and reasonable care and expertise medical facilities could be provided and due to utter negligence and failure to attain the standard of care to words the deceased which ultimately compounded the cause of death of the patient Moumita on 18/04/2011.

Expert committee report is sufficiently enough to hold in this case that a person should be liable for the consequences of this negligence.

So the observation of Ld. Forum in this particular point is very convincing and there is no room to interfere the appreciable observations of the Ld. Forum in the instant consumer dispute.

However, for the interest of justice. The enforcement of the order of Ld. Forum should be effected from this day. The instant appeal devoids any merit.

Hence, it is ordered,

That the instant appeal be and the same is dismissed on contest without cost. The final order of Ld. DCDRF Coochbehar, date 26/09/2014 in CC No. 59 of 2012 is here by confirmed subject to enforcement of the order shall take place from this day and the appellants( OP No. 1,2 and 4 of original CC No. 59 of 2012) are asked to  comply the order of Ld. Forum within 45 days failing which the conditions imposed by the Ld. Forum shall remain intact.

Let a free certified copy of order to be supplied to the parties free of cost and the same to be communicated to the Ld. DCDRF, Coochbehar by e-mail.