USHA NANDA Vs. SANJIBAN HOSPITAL AUTHORITY

JUDGEMENT

(1.) This appeal under Sec. 19 of the Consumer Protection Act, 1986 (in short, the 'Act') seeks a review of the order dtd. 31/3/2022 of the State Consumer Dispute Redressal Commission, West Bengal, Kolkata (in short, the 'State Commission') in complaint case no CC/67/2015 dismissing the complaint.

(2.) The brief conspectus of facts according to the appellant are that her son Sourav Nanda was admitted to the respondent hospital following a road accident in which he was hit by a motor cycle on the intervening night of 26/27/4.2014 at 1.20 am with severe head injuries with bleeding from the right ear and nose with a lacerated cut injury on the right elbow. The patient was put on ventilator around 5 am and his condition remained critical. According to the appellant, no CT Scan was performed till 27/4/2014 or provided to her although allegedly the CT Scan showed multiple traumatic contusions on bilateral frontal and partial lobe, fracture base of skull extending into right auditory meatus and rupture of right tympanic membrane. A doctor saw the patient after 13 hours of admission. The patient's Glasgow Coma Score (GCS), blood pressure and heart rate were monitored and showed that he was struggling. After a lapse of nearly 36 hours of conservative treatment at the hospital, the appellant consulted two neurosurgeons, Dr Sandip Chatterjee at Park Clinic, Kolkata and another at Apollo Gleneagles Hospital, Kolkata who opined, based on admission papers, that 'Decompressive Craniectomy' operation was immediately required. However, the treating doctors did not consider surgery and only conservative management of the patient was done. On 29/4/2014 at 6 am the patient had sudden bleeding and expired at 8.25 am. According to the appellant, no expert doctor or neurologist examined or supervised the patient even though the respondent hospital had advertised itself as a speciality hospital and the respondent nos. 1 to 3 have failed to justify their line of treatment which was in complete deviation from the standard medical practice. It is alleged that the patient died due to grave medical negligence and deficiency in service and hence complaint no. CC/67/2015 was filed before the State Commission on 25/2/2015 which came to be dismissed on contest vide order dtd. 31/3/2022. This order is impugned before this Commission with the prayer to set aside the order and grant the compensation of Rs.50,00,000.00 as prayed for in the complaint with any other order as deemed appropriate.

(3.) I have heard the learned counsel for the appellant. Counsel for the respondent remained unrepresented despite notice and was placed ex parte. His submissions before the State Commission have been considered his final submission. I have perused the material on the record carefully.