SIKHA NAYAK Vs. DR. MANABESH PRAMANICK

JUDGEMENT

(1.) : The present revision is arising out of the order dated 30-8-2004 passed by the State Commission, West Bengal in Appeal No.388/A/2003 whereby appeal by the respondent was allowed and the order dated 26-8-2003 in Complaint No.45/2002 passed by the District Forum awarding the compensation of Rs.50,000.00 was set aside. Aggrieved by the order of the State Commission the complainant is in revision here. Brief facts of the case are.

(2.) The complainant was suffering from recurring pain in her abdomen and went to Dr. M. Pramanik on 8-6-2001. On his advice she had undergone some tests and investigations. After seeing the reports Doctor diagnosed the disease as Cholesystitis and advised operation by means of the method of Laproscopic chelecystectomy. The said operation was done at Malda Nursing Home on 14-6-2001 and the complainant was discharged on 16-6-2001. Doctor prescribed medicines for 5 days during the postoperative period. After a few days, she felt severe pain in her abdomen and felt that where operation was done there was swelling.

(3.) The complainant met O.P. on 25-6-2001 and the Doctor changed the dressing in Malda Nursing Home and prescribed some other medicines and advised the complainant/petitioner to come after three days. Thereafter on 28-6-2001, the complainant visited the Doctor for dressing and after extracting pus, he prescribed the same medicine for a further period of four days. The complainant contended that despite taking these medicines, the swelling occurred again and pus formation continued. O.P. changed the medicine on 7-7-2001 and advised blood sugar test and X-ray test to be done urgently. The X-ray report of Gour X-ray Clinic at Malda Nursing Home revealed that evidence of presence of a Radio Opaque Shadow on the right side LI vertebral level. The complainant contended that opposite party prescribed some medicine without attaching any importance to the X-ray report.