SHEULI DAS Vs. KANCHAN BHATTACHARYA

JUDGEMENT

(1.) The Appellants have filed the instant Appeal under sec. 19 of the Consumer Protection Act, 1986 (in short "the Act"), against the Order dtd. 29/10/2013 passed by the State Consumer Disputes Redressal Commission, West Bengal at Kolkata (hereinafter referred to as the "State Commission") in Consumer Complaint No. 17 of 2010, wherein the State Commission, dismissed the Complaint filed by the Complainants (Appellants herein). Brief Facts:-

(2.) Brief facts are that on 14/01/2004, the Complainant's husband - Mr. Prabir Kumar Das met with road accident at about 11.15 p.m. On 15/01/2004 he was taken to the Calcutta Medical Research Institute (CMRI)- the OP-2 hospital in an unconscious state with hip injury, facial injuries. He was immediately admitted to ICCU and he remained there for 12 weeks. The Orthopaedic Surgeon Dr. Kanchan Bhattacharyya (OP-1), attached to the hospital was called for the treatment. The patient was gradually improving, and he was able to walk with support, but there was severe pain in his left hip region and he had poor mental alertness. He was discharged from the hospital on 29/05/2004 with the advice for 'Total Hip Replacement' (THR) Surgery after two months. He was called for follow-up and kept under constant care of OP-1. But, no satisfactory improvement in the physical or mental condition of the patient OP-1 advised for THR. Therefore, on 08/09/2004, OP-1 readmitted the patient in OP-2 Hospital and the THR surgery was performed by OP-1 on 13/09/04 by putting uncemented cup with two screw and one linear. After THR surgery the patient suffered severe pain in the left hip area but the OP-1 assured that it would subside in due course as it was due to the operation. The doctor prescribed different medicines and extensive physiotherapy. It was alleged that after a month on 13/10/2004 the patient was discharged from the hospital in bed ridden condition with severe pain in left hip region. Further the patient totally lost his ability to get up from the bed without support. Even though, the Complainant reposed confidence on OP-1 and continued the patient to visit the Opposite Parties till 23/07/2005. It was alleged that on 23/07/2005 OP No.1 gone abroad for a long period ignoring the condition of the patient and without making any alternative arrangement for the treatment in case of any emergency. Being worried with the condition of the patient, the Complainant took her husband (patient) in the 3rd week of August 2005 to Dr. R. Gopal Krishnan at Apollo Hospital, Chennai. At the first consultation it was diagnosed as severe infection due to loosened acetabular cup. The patient was advised immediate operation for removal of the uncemented implanted cup by OP-1 to save the patient from amputation. The decision of Dr. Gopal Krishnan was affirmed by Prof. Dr. P.V.A. Mohandas of MIOT Hospital, Chennai. On 18/10/05 the patient was operated for removal of Implant and discharged on 12/11/2005. After the operation the pain subsided, but the other symptoms remained unchanged like restricted movement, the patient could not get up from bed without help and he was completely confined to bed with mental depression. Therefore, on medical grounds due to his disability he was terminated from the service on 10/12/2006. Thereafter, the Complainant contacted Dr. N. B. Sen Chaudhuri on 12/09/2009. He affirmed the failed previous operation and suggested revision surgery THR in two stages. He also informed that such revision surgery was not possible in India, therefore suggested to get it done from Orthopaedic Surgeon Prof. Dr. Wolfang Schwageral at Vienna, Austria. The estimated cost was about 55,000 UK pounds [approx. Rs.40,14,000.00]. The Complainant further submitted that her husband being an Executive Engineer of the Government of West Bengal drawing handsome salary was terminated from service due to his disability. His normal retirement was due on 31/05/12 and due to premature termination suffered severe financial loss. Being aggrieved the Complainant filed a Consumer Complaint before the State Commission and prayed compensation of Rs.96,22,252.00 and Rs.8,000.00 to Rs.10,000.00 per month for physiotherapy, medicines, and regular charges of doctors.

(3.) The OPs filed their written versions and denied their negligence during the treatment. It was submitted that the Complaint was barred by limitation. The Patient was operated for THR on 13/9/2004 and was discharged from OP-2, Hospital on 13/10/2004, and thereafter the patient was last treated by the OP-2 on 23/7/2005. The Complaint was filed on 25/3/2010 nearly after 5 years.