Canvas of this compliant is that, the complainant being the resident of Mohananda Polly English Bazaar Malda faced/suffered a suffering in abdominal pain in acute on an from 22/11/2016 when he was taken to Sonoscan Health Care Pvt. Ltd. by his father on that day. There the doctor namely Dr. Liton Sarkar examined him and diagnosed as appendicitis and made a prescription in this regard and also advised to undergo some testes by the hospital Sonoscan Health Care Pvt. Ltd. Though a request was made by his father to test elsewhere other than Sonoscan but not obeyed by the doctor or the nursing home itself. Dr. Sarkar spoke highly about nursing home about its hospitality. However thereafter he was admitted there but on admission he found nursing home was worthless in every respect to its service of caring, cleanses and non-cooperativeness etc. Dr. M.K. Jha and Dr. Liton Sarkar both suggested surgery on him for acute appendicitis to remove it. Dr. M.K Jha was told as best radiologist. He examined the complainant and gave a report of disease as appendicitis. Nursing home and doctors gave estimate of all medical expenses at the tune of Rs.2,00,000/- but being unable to afford the amount his father discharged him from there on 23/11/2016. Nursing home did not give any prescription or bills towards their hand on discharge at that day. There after the complainant was admitted to N.H. Rabindranathe Tagor Hospital under Dr. Sandeep Pal. But there he was diagnosed as acute mild pancreatitis not appendicitis. R.N.Tagor Hospital also passed an opinion on the radiologist report of Dr.N.K. Jha as false and without basis. So it was nothing but a diagnosis to squeeze the money from them. This complainant and his father also approached to C.M.O.H. for complain against the nursing home but staff of C.M.O.H. drove them out from the office. Therefore due to negligence of the doctors, the life of the complainant was in stake. But ultimately at the treatment of R.N.Tagor Hospital he was cure and fit. Near about Rs.2,00,000/- was his medical expense behind the fitness. Accordingly due to the negligence of the respondents No.1 to 5, this complainant had to suffer pecuniary loss. Hence he approached to this commission for the relief of return of medical cost of Rs.2,00,000/- and Rs.5,00,000/- for harassment and mental agony and Rs.2,00,000/- litigation cost for medical negligence of doctors and Sonoscan Hospital.
Ops-1 to 7 serially responded to the complaint petition.
Firstly OP-2 Dr. Liton Sarker who made version that he is a medical practitioner of medicine and gives medical service to the patient as per their requirement. Sonoscan is a diagnostic center and he has a chamber at that center. Since the father of the complainant failed to arrange money so the complainant was discharged from him or nursing home on 23/11/2016. This complainant came to him at his chamber at Sonoscan with acute pain in abdomen. He was sent for investigation at Sonoscan Hospital, where he under gone several investigation. He is doctor of medicine not radiologist. As per report of radiology he found the case was acute appendicitis. So he referred to Dr. B.K. Pandit as surgeon. He suggested L.A.P.- Appendectomy with high risk consent. So on 23/11/2016 patient was referred to other hospital on that day which would be revealed from the discharge certificate of nursing home. But after that he has no knowledge about this patient. By argument Dr.Sarkar informed commission through council that, both appendicitis and pancreatitis are a sign of abdomen pain when accurate diagnosis depend one on U.S.G. and other on blood test. Test of U.S.G. of diagnostic test indicated on this patient many disease that is jaundice, fiver, chill and appendicitis, accordingly he was suggested to take medicine as antibiotic and then referred to better treatment, he being doctor committed no negligence in treating the patient. His diagnosis depended on the test, so he prescribed as per disease of the patient as shown in test report. He done as best as per ability and treated the patient only for one day after that he took discharge. So the case is fit to be dismissed against him.
The other W.V. by OP-1,3,4&5 is that, patient was admitted at Sonoscan under the supervision of Dr. Liton Sarkar on 22/11/2016 with history of abdomen pain with jaundice. The investigation was done on patient as per opinion of doctor and then he was discharged and referred to better treatment and management. There was no negligence on their part.
Proforma OP-6&7 also responded to the summons and as per their W.V. diagnosis and course of treatment and investigation was made by them on the patient. They kept record of it. He was admitted with the history of jaundice, fever and chills, rigor and abdomen pain. The blood report showed he was attacked with Pancytopenia, Ultrasonography showed fatty liver, Splenomegaly and high serum lipase. So OP-7 conducted a C.E.T.C. abdomen and same showed moderate Splenomegaly and acute mild pancreatitis. He discharged with full stability.
Behind aforesaid complaint and written versions by the Ops in serial, complainant and Ops both adduced documentary and personal evidence in writing to facilitate their respective cases.
:: Decision with Reasons ::
Point to be decided:- whether there any medical negligence on the part of the OP No. 1,2,5, or not?
By written evidence complainant stated that at first he was admitted at Sonoscan Hospital where he was diagnosed as appendicitis and as per opinion of OP No.1 to 5 huge medical expense was estimated behind fitness as Rs.2,00,000/- he took discharge. But when he got admitted at R.N.Tagor Hospital at Mukundapur Kalkata he was diagnosed as pancreatitis by Dr. Sandeep Pal. He was admitted there on 24/11/2016 and discharged after cure on 29/11/2016. The doctor of R.N. Tagor Hospital said him that U.S.G. report of Sonoscan issued on 22/11/2016 was false. So only to squeeze the money Sonoscan admitted him. C.M.O.H. also tried to hush up the crime of Sonoscan nursing home and doctors.
This complainant was duly tested by the Ops where the complainant admitted that he did not file any medical papers of Dr. Liton Saker or his nursing home and he was discharged from Sonoscan on 23/11/2018.
Another witness as father of the complainant also approached before the court who stepped in the shoe of the complainant with regard to his evidence. He was also tested by the opponent but nothing was disclosed more.
Now at a thorough reading of entire records and evidence in writing and all the medical papers as produced, we the commission observe that all the allegations as raised by the complainant against Sonoscan Hospital or the doctor of Sonoscan Hospital were nothing but a mind making presumption of the complainant about negligence of them. We find he stayed at Sonoscan only for one day and thereafter on taking opinion of medical expenses/estimate of treatment he left the nursing home when nothing treatment was penetrated to him to injure his health further for any wrong treatment by the doctors of Sonoscan. Opinion against the patient of any disease may vary from doctor to doctor i.e. appendices pancreatitis when both signify pain in abdomen but variation in diagnosis on the basis of diagnostic test medical negligence is not proved, rather reference to better hospital for batter treatment is a good decision by doctor actually what was made by the OP-2 as per his W.V. as well as discharged certificate of nursing home. So dearth of cogent proof, medical negligence would never be attributed.
Eventually this complaint petition takes no effect of relief for the complainant in respect of medical negligence.
Hence it is ordered,
That, the complaint petition falls in vain. No order of cost is made.
Let a copy of judgment/final order be supplied to the parties free of cost.
