SUMAN SARKAR Vs. MAMONI ROY

JUDGEMENT

(1.) The instant Revision Petition was filed under Sec. 21(b) of the Consumer Protection Act, 1986 against the Order dtd. 8/8/2016 passed by the West Bengal State Consumer Disputes Redressal Commission, Kolkata (hereinafter referred to as "State Commission') in First Appeal No. 953/2013 by the Opposite Parties whereby the Appeal filed by the Complainant was allowed and the OP was directed to pay the Compensation.

(2.) The Complainant - Smt. Mamoni Roy filed the Complaint before the District Forum, Howrah for alleged medical negligence. She underwent tubal ligation operation on 15/3/2011. After one year, she conceived and was suffering from abdominal pain, consulted Dr. Suman Sarkar (OP-1) at Sneha Nursing Home (OP-2). The OP-1 prescribed few medicines, but did not advise any investigations or ultrasonography. After taking medicines, her condition became worst, but the OP-1 advised to continue the medicines. She became serious on 12th and 13/3/2012 and she was taken to Shri Jain Hospital. The USG was performed, which revealed ruptured ectopic pregnancy. Therefore, emergency operation was performed and blood clots about 1\2 kg were removed. It was the failure of ligation and failure to diagnose ectopic pregnancy at earlier stage, the Complainant suffered physically, mentally and incurred heavy expenditure. Being aggrieved, the Complainant filed the Complaint before the District Forum, Howrah.

(3.) The District Forum dismissed the Complaint holding that the OP-1 acted according to the medical principle and technique as widely accepted.