SHIVAJI BASU Vs. DEVAPRIYA GHOSH

JUDGEMENT

(1.) Both these appeals arise out of common order of learned State Commission; hence, decided by common order.

(2.) OP/appellant filed appeal No. 222/08 against order dated 10.1.2008 passed by the West Bengal State Consumer Disputes Redressal Commission, Kolkatta (in short, 'the State Commission') in S.C. Case No. 75/0/2000 by which, complaint was partly allowed and complainant filed appeal No. 509/08 against the same order for enhancement of compensation.

(3.) Brief facts of the case are that complainant was Dy. Director General, Geological Survey of India, Govt. of India, 58 years old suffered Urinary Tract Infection and approached OP for treatment on 18.5.1998. OP No. 1 advised for certain tests and charged Rs.200/- as fees. The OP No. 1 prescribed him Mikacin 500 mg injection daily for 4 days along with other medicines. He further advised to carry out certain other pathological tests, X-ray and ECG reports. Accordingly, the complainant met him at his chamber on 27.5.1998. The OP No. 1 also advised him Trance Urethral Resection (TUR) of Prostate. He also advised surgical operation at Samaritan Clinic, 10/4D Elgin Road, Kolkata. An amount of Rs.20,000/- was paid to WOCKHARDT Medical Centre for the above purpose and operation was conducted on 10.6.98 at Samaritan Clinic. He was in the nursing home from 9.6.98 to 16.6.98 and was discharged thereafter. The complainant also paid Rs.5,923/- to meet the nursing home bill. The OP No. 1 gave him medical advice and he also asked him to report to him for further examination after 4 weeks. The complainant had prepared the pathological/USG reports as advised by OP No. 1 and met him in his chamber on 17.7.98. The OP No. 1 after examining the Complainant contended that while prescribing Martidox the OP No. 1 failed to consult the relevant test report which corroborated that the patient was resisted to Martidox. When pointed out the OP No. 1 changed Martidox to Mikacin Injection 500 mg @ 2 ampoules daily for 5 days. The complainant stated that Mikacin is aminoglycoside Antibiotics. The complainant was administered 10 ampoules of Mikacin 500 mg. The complainant contended that he started feeling some audibility problem thereafter. He contended that injection Mikasin is harmful to patients having serum creatinine level 3.5 mg/100 ml and above which is the tested level in case of the complainant. He further contended that the actual recommended doses for a patient having the said creatinine level should be 250 mg daily whereas he was administered 500 mg injection Mikacine for 4 days initially and again twice daily for 5 days which was overdose. He also contended that he had renal ailments and so OP No. 1 had to be specially careful while prescribing Mikacine 500 mg injection. He stated that this was done without considering the drug sensivity test report. He also contended that while he prescribed Mikacine injection 500 mg for the complainant OP No. 1 who had cautioned him regarding the chance of impairing the audiosensivity of the patient, but no such caution was sounded ever by OP No. 1. The complainant also contended that from the prescription of OP No. 1 dated 10.6.98 it would be evident that he prescribed 6 vials of Gentamycine injection of the same Group (Aminoglyicoside) for the complainant. He further stated that he reported to the OP No. 1 on 17.7.98 with prescribed test reports. His serum creatinine level was 2.1 mg/100 ml. This was an overdose and a careless action on the part of the OP No. 1 as he is a known patient of renal ailment which was also treated by OP No. 1. The complainant further contended that due to such careless prescription of Amino glycoside Antibiotic successively, his Audiosensivity was seriously impaired. It was further alleged that he consulted Dr. S.P. Ghosh and Dr. S.P. De who confirmed that hearing capacity had been impaired and advised some medicines. He further alleged that he was earning Rs.15,000/- per month by participating in various seminars and workshops as a specialist and on account of impairment of his audibility, he stands to lose about Rs.12,00,000/- for the remaining years of his life. Alleging deficiency on the part of OPs filed complaint before State Commission.