J S PAUL Vs. A BARKATAKI

JUDGEMENT

(1.) THE case of the complainant, briefly stated, is that having consulted the opposite party No. 1 (henceforth referred to as the Doctor ) she adopted birth control methods by insertion of Multi Load C.U. 250 (Copper -T) IUCD at her clinic. Thereafter regular checkups were done by the doctor without any cause for complaint. After about 3 years the complainant decided to have the IUCD removed and she went to the doctor at 9 a.m. on 18.12.1996 for this purpose, with prior appointment, accompanied by her husband.

(2.) THE doctor, after necessary preliminary checkup started to take out the Multiload C.U. 250 (Copper -T) IUCD with the help of her Assistant. While taking it out, the string of the Multiload C.U. 250 broke due to rash, negligent and careless pulling by the said doctor. The Copper -T slowly started to move inward and the doctor inserted her hands and also her expanding equipment deep inside causing the complainant to scream loudly due to intolerable pain caused by the doctor s negligence. The doctor became nervous and started to shout back at the complainant using filthy language and even beat the complainant asking her to stop shouting. The doctor made another attempt by inserting the expanding equipment and her hand still more deep and pulled out the Multiload C.U. 250. In the process, the complainant patient almost fainted with unbearable pain and had the feeling that some internal organs/nerves had been torn. Thereafter the doctor became busy with her other patients, asking the complainant to sit outside. She did not prescribe any medicine nor gave any advice to consult any of the doctor/hospital. The doctor also gave no advice as to what should be done in case any serious complications arose.

(3.) THE complainant was then brought back to her residence by taxi and kept in bed for taking rest. She had inflammation and sweating over the whole body and fainted twice when she tried to get up. At 3.30 p.m., the complainant s husband contacted the said doctor over the telephone and narrated her unusual condition. But the doctor replied that the complainant was unnecessarily nervous and advised her to relax. Accordingly the patient complainant was persuaded to sleep and relax. But during the whole night she could not lie down as she was having tremendous suffocation when she lay down. She passed the whole night restlessly with pain and agony in a helpless manner as it was difficult to move out in the cold night of December, nor any doctor could be called for a night visit.