S V NONGRUM Vs. WOODLAND NURSING HOME

JUDGEMENT

(1.) The present complaint petition was filed by Mr. S. R. Nongrum (hereinafter referred to as the 'complainant') wife of late D. L. Tharuh on behalf of all his heirs and legal representatives. During the pendency of the complaint, Mrs. S. R. Nongrum herself passed away and as such the case was proceeded with after bringing onto record the names of the legal representatives of the deceased complainant, all of whom, were her children, namely (1) Mrs. Soniya Vica Nongrum (Daughter), (2) Mr. Danny Nongrum (Son), (3) Mr. Ricky Nongrum (Son), (4) Mr. Frankie Nongrum (Son), (5) Mr. Anthony Nongrum (Son), (6) Miss Lakyntiew Nongrum (Daughter), and (7) Mr. Henry Ford Nongrum (Son ). Complainant Nos.6 and 7 who had then not attained maturity were represented by their elder brother, Mr. Frankie Nongrum.

(2.) The complainant's case is that on 29.7.1995 as Mr. Tharuh fell ill, his wife approached Dr. W. Kharshiing the O. P. No.2, (hereinafter 'dr. K') who referred him to the care of O. P. No.1 i. e. , Woodlands Nursing Home (hereinafter 'wnh') and to the treatment of O. P. No.3, Dr. N. K. Nath (hereinafter 'dr. N' ).

(3.) Mr. Tharuh was admitted to WNH with acute pain in the abdomen which was independently diagnosed as a case of Acute Pancreatitis on the date of admission by all the 3 doctors who attended him viz. , the house physician of O. P. No.1, Dr. K. and Dr. N. Although several tests and examinations, mostly blood tests, were carried out on the patient and he was treated by the doctors at WNH, the condition of the patient deteriorated during his stay. Despite this, Dr. N failed even to refer the case to a specialist and the complainant was kept in the dark about the seriousness of the patient's condition. Ultimately Mr. Tharuh was shifted to down town Hospital, Guwahati (O. P. No.4, hereinafter 'dth') on 6.8.1995 in a precarious condition where he unfortunately breathed his last on 8.8.1995.