KUNAL SAHA Vs. SUKUMAR MUKHERJEE

JUDGEMENT

(1.) WHETHER the Courts or the Consumer Fora can sit in appeal against the decision taken by the expert doctors with regard to administration of a particular dose of medicine? Answer would be - No. It is to be judged in the light of particular circumstance of each case. Jurisdiction of the Consumer Fora would be limited in case of apparent deficiency in prescribing dose of medicine, i.e. in cases where Doctors have not taken reasonable degree of care in prescribing a particular dose of medicine. Reasonable care is to be judged on the basis of the skill and knowledge expected from such practitioner.

(2.) CLAIM in the complaint is in Crores i.e. Rs.77,76,73,500/- (Rupees Seventy Seven Crores Seventy Six Lakhs Seventy Three Thousand and Five Hundred) - Rare. Disease suffered by the wife of the Complainant was also - Rare - TEN (Toxic Epidermal Necrolysis) which affects only 1 or 1.3 persons, out of 10 lakhs. Diagnosis of such disease is difficult and not simple and depends upon expertise of the medical practitioner, particularly, a Dermatologist. In such a case, can a patient or his relative expect from the medical practitioner that the patient in all cases should be cured. Medical literature states that mortality rate is 25% to 70% and there is no exact treatment for such disease. Obvious reply in such cases is, everything is uncertain and no guarantee can be given by anyone on the earth that treatment would cure the patient. It is the say of the complainant, Dr.Kunal Saha, that he had left United States of America along with his wife on 24.3.1998 enroute Calcutta stopping at Mumbai. They arrived at Calcutta on 1.4.1998. On arrival at Calcutta, Dr.Saha found that Mrs.Anuradha Saha (his wife) had developed a sore throat with some palpable neck glands and, on 3.4.1998, he found that she had also developed a low-grade temperature. She was treated by him, as he is a trained medical man (M.D., Ph.D).

(3.) THEREAFTER , on 7.5.1998 (after about two weeks), the complainant contacted Dr.Mukherjee and informed him that after showing some improvement, the condition of his wife had further deteriorated and the skin rash and fever were back. He, therefore, requested Dr.Mukherjee to examine her. On that, Dr.Mukherjee requested Dr. Saha to bring his wife to his chambers. Mrs.Anuradha walked into the clinic late in the evening on 7.5.1998. When Dr.Mukherjee was examining Mrs.Anuradha, the complainant informed him that on 6.5.1998, they had been for a Chinese meal after which there was worsening of the skin rash. After examining her, Dr.Mukherjee's diagnosis was that she was suffering from Angio-neurotic Oedema with Allergic Vasculitis - challenge to Chinese Food +ve. At that point of time, there were no blisters, no target lesion, no mucosal involvement. He, therefore, advised administration of 'Depomedrol' injections 80 mg. (IM) twice a day for a period of 3 days. This was based on blood reports with eosinephilia and mild leucocycosis.