RANJU REKHA BARUAH Vs. SANGIT DUTTA

JUDGEMENT

(1.) The complainant, Mrs. Ranju Rekha Baruah had consulted Dr. Sangit Dutta (Opposite Party No.1) on 29.7.2000 on account of symptoms of heartburn (burning sensation in the chest region), epigastric pain, biliary colic (pain in the chest region radiating to the right upper back muscles), irregular evaluation of the bowels often black in colour and sometimes passing drops of blood along with stools, chest discomfort and swollen abdomen, indigestion often accompanied by pain. After a preliminary examination, the opposite party No.1 had recommended some clinical tests, namely, blood test for hemoglobin, X -ray of the PA view of the chest and Barium Swallow X -ray of the Oesophagus under IITV and the same were accordingly done at B.H.L. Diagnostic Centre, Rajgarh, Guwahati -781003. The main grievance of the complainant is that without going for further investigations, especially the ultrasonography of the abdomen, opposite party No.1 had diagnosed it to be a case as ˜Panic Attacks, a psychiatric ailment and had prescribed the following medicines, some of which are usually prescribed to psychiatric or epilepsy patients:

(2.) According to the complainant, her husband who is a Veterinary Doctor, had repeatedly pointed out to the opposite party No.1, the history of the complainants pregnancy, subsequent child delivery and her high probability of having gall stones or Cholelithiasis. However, the opposite party No.1 without carrying out any further investigations referred to Dr. (Mrs.) Mridula Shyam, opposite party No.2 with an advice for ECG. On 3.8.2000, the complainant contacted the opposite party No.2 and ECG was done which was normal. Accordingly, the opposite party No.2, diagnosed it to be a case of Mixed Anxiety and Depression, the common disorder during any tension or anxiety and prescribed the following psychiatric medicines:

(3.) The complainant took the medicines prescribed by the opposite party No.2, for almost two months from 3.8.2000 to 29.9.2000. However, the complainant continued to have various health problems including drowsiness, somnolence, fatigue, lethargy, muscular in -coordination, hypotomia, muscle weakness, dizziness, vertigo, depression, nausea, vomiting, dry mouth, stomach upset, diarrhea, tremor, sweating etc. When the said problems were brought to the notice of the opposite parties No.1 and 2, the complainant was informed that such problems were usually associated with psychiatric drugs. On 30.9.2000 at about 2.00 a.m., the complainant developed acute pain of abdomen which was unbearable and as such the complainant rushed to the diagnostic center with the facility of ultrasonography. The husband of the complainant contacted the opposite party No.1 over phone to examine the complainant but opposite party No.1 did not respond. At the diagnostic center, Dr. Shyam Baruah did an emergency sonography on the complainant and diagnosed it to be a case of Cholelithiasis, mild dilated Common Bile Duct (CBD), and acute Pancreatitis with minimal free fluid in the Anterior para renal space. The complainant had also undergone blood test, which also indicated Acute Pancreatitis, a life threatening ailment. On 4.10.2000, on advice of Dr. Shyam Baruah, an elective USG was done which also suggested Acute Pancreatitis. The complainant was advised hospitalization under the care of Dr. P.P. Das and Dr. P.J. Mahanta from 30.9.2000. During the course of hospitalization, the complainant developed many serious complications like Hypovolumic Shock which would have resulted in major organ failures like kidneys or even death and she was rendered totally bed ridden with the support of life saving medicines.