LABONYA MOYEE CHANDRA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The Court : The petitioner was 68 years old when the writ application was filed in 1996. She has filed this writ application against the State Government. Three Hospitals namely. Seth Sukhlal Karnani Medical College (SSKM). Burdwan Medical College Hospital (BMCH) and the Calcutta Medical Research Institute (CMRI) are also party respondents. She has claimed that action be taken against the doctor and staff of the SSKM who were on duty on 11.9.96 and who refused admission to the petitioner. She has also prayed for the making of provision for implanting permanent pacemakers in the Sador District of Bankura and Birbhun Hospitals and for payment of compensation to her.

(2.) The case of the writ petitioner is as follows : The petitioner is a resident of Kinnahar, a village in Birbhum. Early in the morning on 11.9.96 she felt 'a tremendous pain in her chest and difficulty in breathing". The local doctor who examined her at 11 a.m. found her frothing in the mouth, recorded a pulse of 48 and diagnosed her ailment as a complete heart block. She was advised immediate hospitalisation and an Electro Cardiogram (ECG). The ECG was taken after which the petitioner was examined at the BMCH by the house physician. She was advised to have a pacemaker implanted. As no facilities were available at the BMCH for that purpose she left BMCH at 1.45 p.m. in the Ambulance of the BMCH for the SSKM Hospital. Given the distance and the traffic, she reached SSKM Hospital at about 8.30 p.m. at 11.9.96 in the Emergency Department. She alleges that she lay for half an hour without medical treatment. The doctors examined her at the Emergency department and sent her to the Cardiology department for immediate admission. The Cardiology department refused to admit the petitioner stating that there was no vacant bed. At 9.30 p.m. that night, according to the petitioner she was "turned out into the night". She was then taken to CMRI which is a private institute which insisted that unless a sum of Rs. 1,25,000 was deposited in advances a pacemaker would not be installed. Ultimately CMRI agreed to threat the petitioner in view of the urgency upon deposit of Rs. 10,000 and the balance was paid by the petitioner's sons before she was discharged 25 days later.

(3.) By an order dated 21.1.97. S.B. Sinha-J directed SSKM to submit a report. The report which is dated 4.4.97 reads as follows :