SUPERINTENDENT, GANDHI MEMORIAL HOSPITAL, DEPARTMENT OF HEALTH & FAMILY WELFARE, KALYANI, NADIA Vs. TARUN KUMAR SARKAR S/O LATE RAMANI MOHAN SARKAR AND ORS

JUDGEMENT

(1.) This appeal is by the Superintendent, Gandhi Memorial Hospital, Kalyani-Nadia against the judgment and order passed in a case of medical negligence thereby directing the said Gandhi Memorial Hospital to pay compensation for an amount of Rs.1,00,000/- and litigation cost of Rs.2,000/- to the complainant for death of his mother because of deficiency in service on the part of the said hospital in the treatment of his mother.

(2.) The facts of this case are simple and stated hereunder:-

(3.) The materials on record clearly reveal that on arrival of the patient (mother of the complainant) at Gandhi Memorial Hospital upon being referred to by Santipur State General Hospital, the attending physician who initially examined the patient at the Emergency Ward, advised for ECG and Blood Sugar Test. On the next day the cardiologist who attended the patient also advised such ECG. Fact remains that no ECG was done on the patient in spite of the advice given by the attending physician who examined the patient first and the attending cardiologist who attended the complainant on the next date. The defence plea that there was no deficiency of service so far as the proper treatment of the patient is concerned was on the basis that the patient was administered proper medicines on the basis of ECG that was done at Santipur State General Hospital on 29th March 2008 and further ECG was not absolute necessity.