SAMBHU NATH DAS, Vs. CALCUTTA MEDICAL RESEARCH INSTITUTE,

JUDGEMENT

(1.) THE present First Appeal has been filed by the Complainant/Appellant, before this Commission against the impugned order dated 31.03.2009 in S.C. Case No. 08/O/07 passed by the State Consumer Disputes Redressal Commission (in short, 'State Commission'), Kolkata.

(2.) FACTS in brief in this case are that; the Complainant Sh. Sambhu Nath Das (hereinafter referred as "patient") was suffering from Calculous Cholecystitis (Gall Bladder Stone) and his surgery was scheduled at 1.30 pm on 17.05.2005, but the OP -2, Dr. Ramesh Agarwal, delayed it, and performed the surgery at 7.30 pm, which took 3 hours i.e. up to 10.30 pm. It was negligently performed which caused biliary leak and subsequently patient suffered a lot due to huge collection bile. The other allegation of complaint was that, the OP -2 proceeded abroad (22.5.2005 to 7.6.2005) during post operative period leaving the patient in the hands of inexperienced doctors at OP -1 hospital, who could not manage the complications, hence he was referred to higher centre where he was again operated, his hospital stay was prolonged. Hence, aggrieved by the sufferings due to deficiency and negligence in treatment the Complainant/Appellant filed a complaint before the State Commission against the Complainant against the Calcutta Medical Research Institute, OP -1, Dr. Ramesh Agarwal, OP -2, Dr. Anirban Chatterjee, OP -3 and Mr. Alok Banerjee, OP -4 claiming a compensation of Rs.46 lacs as damages, interest and cost.

(3.) THE State Commission on consideration of the respective pleas and the material placed on record, found the OP negligent/deficient in giving treatment to the Complainant during Laparoscopic cholecystectomy procedure, which caused accumulation of bile which required consecutive surgeries for its rectification. The State Commission allowed the complaint and directed to pay Rs.50,000/ - to the Complainant/Appellant along with the cost of Rs.10,000/ - by the OP -2.