LAWS(NCD)-2010-2-4

RANABIR BHOWMICK Vs. AHMED NAWAZ

Decided On February 02, 2010
RANABIR BHOWMICK Appellant
V/S
AHMED NAWAZ Respondents

JUDGEMENT

(1.) Heard the Counsel for the parties.

(2.) Respondent/Complainant's father was under treatment with the Petitioner doctor who was the opposite party before the District Forum. The patient was taken to the petitioner on 21.9.2000 for treatment of peptic ulcer. Respondent prescribed some medicines but after taking those medicines, the condition of the patient started deteriorating and the patient was again taken to OP on 27.9.2000 for further examination. Petitioner prescribed certain pathological tests. After getting the tests done patient reported to the Petitioner on 30.9.2000 and the Petitioner after going through the reports diagnosed the disease to be tuberculosis and prescribed certain medicines. By taking the medicines, the condition of patient further deteriorated. The relatives of the patient lost faith in the Petitioner and took him to Dr. Aziz Hassan on 3.10.2000 who prescribed certain tests and after getting said tests done, the patient was taken to Dr. Hassan but before Dr. Hassan could examine him the patient died. The Mantoux test done at the instance of Dr. Hassan showed negative reaction to a T.B. patient.

(3.) Being aggrieved the respondent filed a Complaint before the District Forum. In response to the notice issued the Petitioner put an appearance and filed his written statement. Respondent led his evidence but the Petitioner did not lead any evidence to rebut the evidence led by the Respondent. The District Forum allowed the Complaint in part and directed the Petitioner to pay a sum of Rs. 4,99,700 to the Respondent on account of deficiency in service on his part.