DIPAK DEY Vs. DEBASHIS SARKAR

JUDGEMENT

(1.) This is an application under Sec.17 of the Consumer Protection Act, 1986 filed by Mr. Dipak Dey (hereinafter referred to as petitioner) against Dr. Debashis Sarkar (O. P. No.1), Kothari Medical Centre (O. P. No.2), Administrator, Medical Council of India (O. P. No.3), and the Secretary, West Bengal Medical Council (O. P. No.4) praying for an order cancelling the licence of the O. P. No.2 and directing the O. Ps. to pay a sum of Rs.10 lacs as damages and a sum of Rs.1 lac towards the expenditure incurred by the petitioner for his daughter's treatment. The facts of the case of the petitioner are as follows :

(2.) Miss Ruana Dey, since deceased who was the only daughter of the petitioner was admitted in the S. S. K. M. Hospital on 15th March, 1993 under Dr. S. K. Chakraborty and underwent a series of tests from which it was diagnosed that she was suffering from a disease named Systenic Lufus Erithmatosus (in abbreviation called S. L. E.) and since after such diagnosis was made, she was administered Wysolone, steroid which was an indispensable medicine in such a disease. On 14th April, 1993 Ruana was discharged from S. S. K. M. Hospital, but she used to be taken to Dr. Chakraborty regularly thereafter for periodic tests at the outdoor of the S. S. K. M. Hospital and thus Dr. Chakraborty treated her till 24th August, 1995. The tests which were held before such a disease was diagnosed included D. S.-DN. A. (ELISA) test which was conducted on 17th March, 1993 for the first time and thereafter on 31st December, 1993 for the second time and both the tests D. S.-D. N. A. were found to be positive wherefrom Dr. Chakraborty confirmed that Ruana was a patient of S. L. E. and in his last prescription he advised continuation of the said steroid of Wysolone. On 7th October, 1995 Ruana again complained of severe pain in her head and vomiting tendency, but Dr. Chakraborty could not be contacted and hence she was taken to Dr. Debashis Sarkar, M. D. (O. P. No.1) who examined her in his chamber and saw all the past reports of the tests held and advised immediate admission at Kothari Medical Centre on the plea that her case did not warrant treatment in any Government Hospital on which he had no faith. As per his advice Ruana was immediately admitted at Kothari Medical Centre on 7th September, 1995 at 11. p. m. and from 8th October, 1995 to 24th October, 1995 about 40 (forty) tests were conducted. But not a single D. S.-D. N. A. test. This indicated that Dr. Sarkar was simply beating about the bush and applied the trial and error method to diagnose afresh the disease of Ruana without holding the test which was required viz. D. S.-D. N. A. Dr. Sarkar went on enhancing the dose of Wysolone from 5 mg. to 40 mg. , but even then there was no change in the condition of the patent. Thereafter on 10th October, 1995 Dr. Sarkar abruptly stopped giving Wysolone. The increase of the dose of Wysolone and then sudden total stoppage of the same as would be evident from his prescription dated 9th and 10th October, 1995 was uncomprehendable and only led to the conclusion that instead of carrying on his treatment uniformly after making a proper diagnosis was simply experimenting the action of various medicines being applied on Ruana's body.

(3.) On 24th October, 1995 Ruana was examined by Dr. Sital Ghosh who after inspection of the previous prescriptions expressed his surprise as to why Dr. Sarkar had not advised D. S.-D. N. A. test when the patient had a past history of S. L. E. Pursuant to his advice arrangement was made for a D. S.-D. N. A. test and blood sample of Ruana was collected on 25th October, 1995, but, curiously, without waiting for the report of such a D. S.-D. N. A. test being received the O. P. No.1 discharged Ruana from Kothari Medical Centre on 20th October, 1995 and in the discharge certificate the disease as per the final diagnosis was stated to be S. L. E. , but surprisingly in the last prescription of Dr. Sarkar there was no direction for continuation of the said steroid by the patient.