SUJIT KUMAR NANDI Vs. RAMAKRISHNA MISSION SEVA PRATISTHAN

JUDGEMENT

(1.) This First Appeal has been filed under Sec. 19 of the Consumer Protection Act, 1986 (in short, the 'Act') against the Order dtd. 10/6/2014 passed by the State Consumer Disputes Redressal Commission, West Bengal (for short 'State Commission) in Complaint Case No.SC-9/O/2004, whereby the Complaint was dismissed.

(2.) The case of Complainants that on 18/5/2002, their daughter- Nabanita Nandi,15 years age (for short 'patient') accidently consumed Baygon insecticide granules and admitted to Ramkrishna Mission Seva Pratisthan Hospital (OP-1) (for short 'the hospital') in Kolkata. After first aid, it was alleged that the patient was given excessive doses of Atropine, which resulted into her premature death. It was further alleged that the doctors did not inform about the condition of patient and not suggested for transfer to any other hospital. They did not take opinion of medical expert before administering heavy doses of Atropine. Being aggrieved, the Complainants filed the Consumer Complaint and prayed compensation of Rs.75.00 lakh and other reliefs.

(3.) The OPs, in their reply, denied allegations of medical negligence. It was registered as MLC case of unknown poisoning. It was submitted that the patient was admitted in C-3 ward in restless condition. She vomited after ingestion of sleeping tablets (Diazepam) and Baygon granules. The blood samples were taken for investigation. The patient was treated with inj. Atropine as per standard treatment and she was monitored continuously. On 19/5/2002, the visiting physician OP-2 examined her with the junior doctors and found that the patient was feverish with dilated non-reactive pupils. Therefore, as per his instruction Atropine injection was stopped after 7:45 am. The patient was transferred to the I.T.U. on next day in comatose state and put on ventilatory support. However, despite all efforts, she expired at 3 a.m. due to lethal dose of Baygon and Diazepam. The specific treatment and dosages of Atropine depend on severity and duration of poison exposure.