BIRENDRA KUMAR SINHA Vs. BHAGWAT PRASAD BHAGWAT

JUDGEMENT

(1.) -The case of the complainant, in brief, is that Smt. Kunti Devi, wife of the complainant sustained a hip injury on 17.4.1994 resulting in femoral neck fracture. Dr. N.N. Bhagat, Orthopaedic Surgeon who was consulted suggested surgery. Due to misguidance, the complainant went to the clinic of Dr. Birendra Kumar Sinha, the opposite party on 24.4.1994 who advised that Kunti Devi was 67 years old and was not fit for surgery and plaster was the proper treatment and kept Kunti Devi on traction. On 28.4.1994 clinical and pathological examination was done at Kamla Clinic. After 11 days i.e., on 5.5.1994 traction was removed and without taking any x-ray plaster was done and the patient was kept in the nursing home till 3.7.1994.

(2.) On 3.7.1994 O.P. removed the plaster and x-ray was done by the O.P. who stated bone has not joined and Kunti Devi complained of pain and swelling, some medicine was prescribed by O.P. which did not give any relief though she remained under O.Ps. treatment upto 28.9.1994.

(3.) The complainant took his wife to Patna Medical College Hospital (hereinafter called P.M.C.H.) on 15.10.1994 where she was treated for Septicemia, Cox, bed-sore, etc. till 28.10.1994. Then the complainant consulted Dr. Mukhopadhya and his wife was admitted at Popular Nursing Home where after various tests she was declared fit for operation and 2.11.1994 was fixed for operation. As the doctor did not arrive due to Deepavali and the patient also developed jaundice, the surgery could not be performed. While going back home on 5.11.1994 Kunti Devi expired in the train. Alleging negligence by Dr. Birendra Kumar Sinha, complainant claimed compensation of Rs. 4,00,000 on various grounds.