ABDUSH SAKURCOMPLAINANT Vs. KAMAL ASHRAF

JUDGEMENT

(1.) Complaint has been filed against the O.P.- Dr. Kamal Ashraf (hereinafter referred to as Doctor) alleging negligence and deficiency in service while treating the wife of the complainant and claimed Rs. 17,73,603 only against the O.P. including compensation, cost of the treatment, etc. as detailed in paragraph-19 of the complaint.

(2.) The brief fact of the case is that on 8.6.1998 the complainant s wife Rehana Asmin had severe stomach pain. She was brought to the local doctor at Tajpur, Samastipur who advised some medicine and some injection and further advised for examining her by a surgeon. On 9.6.1998 in the night she was brought to the clinic of O.P. situated at S.P. Verma Road, Patna. He paid his fee of Rs. 100 and diagnosed as stone in gall bladder and advised immediate operation. The compounder of the O.P. asked the complainant to deposit Rs. 9,075 as operation charge, etc. The complainant deposited Rs. 5,000 immediately and promised to pay the remaining amount after arranging the same. On10.6.1998 the complainant deposited the remaining amount of Rs. 4,075 as per Annexure-1. The O.P. got her blood and urine tested and on 10.6.1998 at 11 a.m. she was operated upon. After the operation the complainant was shown this stone which was removed from the stomach weighing about 10 gms and advised for biopsy test of the same as per Annexure-2. The complainant got the stone sample for biopsy test but its report was available after the death of his wife. (Annexure 3 and 3 Kha)

(3.) After the operation she was advised not to administer water from mouth. A bottle of saline was injected through veins. The patient was regularly demanding of water but only few drops through spoon were administered to her as per doctor s advice. The complainant s wife was removed in Room No. 301 on the second floor of the clinic. There was excessive heat on that day and the temperature was 430 Celsius as per report of Meteorological Department dated 6.9.1998 annexed by the complainant. It is alleged by the complainant that he made a demand of air-conditioner in the room but it was not provided by the O.P. There was no cooler in the room. The complainant apprehends that due to heat his wife got sun stroke because she was regularly demanding water to drink. The complainant made complaint to the compounder and thereafter to the O.P.-doctor alleging that his wife was feeling restlessness because of heat and regularly demanding water. He also alleged that she has not been provided adequate water either through mouth or through saline. Thereafter the doctor asked the compounder that four bottles of water be salined to her. Thereafter saline water was administered to her but she remained restless and the complainant again complained in the night to the compounder and also to the doctor but the O.P. did not attend the complainant s wife in the night in spite of several requests. She was administered injection for sleep and thereafter she slept. In the morning of 12.6.1998 at about 3 a.m. the complainant s son when went near to his mother he found that she was not responding. The complainant rushed to his wife and also informed the compounder who immediately called the doctor. Thereafter the compounder along with all the papers which were annexed with the bed of the patient took it saying that he was going to consult the doctor. After some time the doctor came and examined the patient and declared dead. The complainant and all his relatives attending the patient had a feeling that if the doctor has attended the patient in the night when she was restless and before she was injected medicine for heat she could have survived besides considering her restlessness in the room she should have been provided air-conditioner room which was not provided in spite of several requests. The complainant made request to the doctor to return back all the relevant papers of her treatment in his clinic but it was not returned back to him. The complainant left the clinic along with the dead body. After her funeral the complainant visited the clinic of the O.P. on several days and made demand of the relevant papers showing her line of treatment but it was not supplied to him. The complainant had full belief that his wife died due to negligence on the part of the O.P. doctor, therefore, all the relevant papers concerning her treatment were removed by the doctor and compounder.