SANDEEP SARKAR Vs. EKO X-RAY CLINIC

JUDGEMENT

(1.) This is a complaint under Sec.12 of the C. P. Act, 1986 filed by Shri Sandeep Sarkar, hereinafter referred to as the complainant against the O. Ps. named above praying for compensation to the tune of Rs.10 lakhs on the following grounds.

(2.) On 11th January, 1995 he suddenly suffered a severe headache and unbearable pain in the eyes and took medicine as prescribed by his family physician. But his condition worsened as his left eye started drooping and within 4/5 days it completely closed. His doctor then referred him to one Dr. Dipesh Mandal (Neuro) who advised a C. T. Scan. But nothing was found in the scan. Then his doctor referred to him to another neuro-surgeon, the O. P. No.3 who diagnosed as virus infection and treated wrongly. His pain continued to be unbearable. His family then took him to a third Neuro-surgeon named Dr. Abhijit Chatterjee, the O. P. No.2. He immediately advised MRT Angiogram. He had this test at the Eko X-ray Clinic at Chowringhee Road. But the Radiologist of that clinic misinterpreted the findings given by the machine and reported that there was no Aneurysm in the bran, when it was evident from the MRI that it was positive. The plate along with the report of the Radiologist was placed before Doctor Abhijit Chatterjee (O. P. No.2) who relying upon that report gave the verdict that there was no Aneurysm. The report and the plate were also shown to the O. P. No.3, Dr. Durga Roychowdhury, who too ruled out that there was any Aneurysm. He went a step further and told that his (the complainants) condition was improving while actually his condition was getting worse. This indicated how negligent and callous this doctor was. It was then that his family members decided that he should be treated at Vellore and they took him to Vellore Christian Medical College and Hospital and a team of Neuro Doctors after seeing those reports and X-ray plates diagnosed Aneurysm in the brain and held that an operation was an immediate necessity, as it was already quite late. He had to go through a series of tests which cost him hugely. On 13th March, 1995 he was operated upon in the brain. The doctors told that though he had survived, his left eye would take an indefinite time to open and there was no guarantee that he would get back his normal vision in the left eye, because he had gone there very late. They also told that he had two Aneurysm in his brain and only one had been operated, but in view of his weak state of health the second one could not be operated at once and it would be operated later on. Till today his left eye has not completely opened and he had to go to Vellore again after 6 months of his operation for a check-up thereby incurring a huge expenditure again. He is now handicapped in the matter of looking after his business and in consequence he has had to suffer pecuniary losses. All this is the result of negligence on the part of the above mentioned doctors (O. P. Nos.1 to 3) and hence he has filed this complaint for an order directing the O. Ps. to pay a sum of Rs.10 lakhs by way of compensation.

(3.) All the three O. Ps. filed written statements denying the material allegations of the complaint. But the O. P. No.1, the Eko X-ray Clinic, did not ultimately contest, neither filing any affidavit on evidence, nor advancing any argument. The O. P. No.2, Dr. Abhijit Chatterjee, has filed affidavit on evidence and his Counsel has advanced argument whereas the O. P. No.3 filed affidavit on evidence as well as written argument.