PARTHASARATHI ROYCHOWDHURY Vs. C S DAWN

JUDGEMENT

(1.) The complainants have approached the Commission claiming compensation to the tune of Rs.20.00 lakhs for alleged deficiency in service on the part of the opposite parties in the matter of treatment of their son.

(2.) Complainant-2 after being pregnant approached opposite party-1 for treatment and she was under the treatment and care of the said Doctor from 27.9.1997. All medical tests as advised by opposite parties-1 and 2 on different occasions were got done by the complainants and the reports were all normal. Under the advice of opposite party-1, complainant-2 took her admission in the East End Nursing Home on 15.3.1998 and a male baby was born on the N/d i. e. on 16.3.1998 at 9.40 a. m. The delivery was normal and the child weighed three kgs. Both the mother and the baby were discharged from the Nursing Home on 19.3.1998 and both of them returned to their residence. According to the complainants, complainant-2 requested opposite parties-1 and 2 on 16.3.1998 for examination of the baby by a Child Specialist but her request was not heeded to. On the contrary, opposite party-1 told her that there was no need of examination by a Child Specialist when he had personally examined the baby. At the time of discharge on 19.3.1998, the complainants noticed that the baby was slightly yellowish and as such complainant-1 met opposite parties-1 and 2 in their chamber and reported the fact to them. But both the opposite parties assured them that the baby was perfectly normal and healthy. They asked the complainants to report to them on 6.5.1998 for further medical check up. In the evening of 21.3.1998 the complainant noticed that the baby had visibly no trouble excepting the fact that his body was yellowish in colour. On the same date at about 4.00 p. m. , the complainant noticed some abnormal signs on the body of the baby and the eyeballs of the baby rolled down showing the while portion only. Immediately thereafter, they took the baby to the chamber of opposite party-1 for immediate medical check up because of the abnormal condition of the baby. Opposite party-1 advised the complainants for photo-therapy of the baby and further advised admission to a Clinic under Dr. Joydeo Roy, a Child Specialist. Thereupon the complainants took the baby to the chamber of said Doctor who informed the complainants after examination of the baby that the latter was severely affected by Jaundice and immediate blood exchange was needed and the baby was admitted to a Nursing Home. On the same date at about 10.00 p. m. the Doctor told the complainants that the baby will be physically and mentally handicapped and he noticed convulsion due to high bilirubin level due to attack of severe Jaundice. The baby was released from the said Nursing Home on 3.4.1998 totally handicapped due to attack of severe Jaundice. According to the complainants, the cause of Jaundice as stated by Dr. Roy was G-6-PD Deficiency. Thereafter the complainant consulted various doctors but with no result. The complainants submit that their son had become physically and mentally handicapped for life because of want of proper care and treatment on the part of the opposite party Nos.1 and 2. According to the complainants the baby was suffering from Neonatal Jaundice due to G-6-PD Deficiency and if the opposite parties acted responsibly and seriously by placing the baby under the care of a Paediatrician, the mental and retardation of the baby could be prevented. The complainants state that the opposite parties were not qualified enough to detect the symptom and the nature of the Jaundice or they overlooked the matter resulting in the unfortunate incident.

(3.) The case is contested by opposite parties-1 and 2 by filing a written version. opposite party-4 has also filed written version. According to the Doctor the patient was taken well care of and well-managed and the delivery was normal. All the various tests suggested by them during pregnancy were carried out and the reports indicated that everything was normal. The Blood Group of complainant-2 was not abnormal to cause Jaundice in the new-born baby within first 24 hours. According to the opposite parties the new born was healthy and normal and was breastfed by the mother for two days while in the Nursing Home and no abnormality was noticed and so there was no occasion to consult Child Specialist. According to them, the complainants were free to consult any Specialist at any point of time. They state that the baby admittedly suffered from G-6-PD Deficiency which could only be detected by an extremely costly blood test and such deficiency is inherent in nature. Accordingly, they deny that there has been any deficiency on their part in the matter of treatment of the new born.