DR. D.K. MAJUMDAR Vs. ANJANA BASU ROY

JUDGEMENT

(1.) The complainant, Smt. Anjana Bose Roy, (herein after referred as 'the patient') on 25.3.1999 underwent operation of Inguinal Harnia and hysterectomy at Good Hope Nursing Home/OP 1. It was performed by Dr. Binoy Bhushan Dey, OP 2 and Dr. D. K. Majumdar/OP 3. The patient was discharged on 4.4.1999 along with the catheter placed in urinary bladder. Complainant alleged that she suffered injury to her urinary bladder, it got perforated and she had leakage of urine. OP 2 and 3 never tried to correct the problem, but kept on prescribing medicines. On 11.4.1999, Dr. Roy removed the catheter at residence. Thereafter, patient had severe urinary leakage. She again consulted OP 3 on 13.4.1999, who advised medicines but no avail. Thereafter, she approached Dr. D. P. Manjhi at Advanced Medicare & Research Institute (AMRI), who performed second operation on 4.6.1999 and thereafter, third operation was performed at Kolkata Medical Research Institute but there was no relief. Then, the patient went to Hyderabad and took the treatment from Apollo Hospital wherein 4th operation was performed.

(2.) Due to alleged medical negligence committed by OPs, the complainant filed a complaint before the District Consumer Disputes Redressal Forum, Alipore (herein after referred to as 'the District Forum') and prayed for compensation of Rs.5 lakh, from them. The OP contested the complaint by filing the written version and denied the allegations of negligence. According to OPs, they have done their duty, without any lapses. OP 3/Dr. D. K. Majumdar contended that he had performed operation of repair of Harnia, therefore, no chance of damage to the urinal bladder of the patient.

(3.) Considering the pleadings and evidence, the District Forum allowed the complaint and directed the OP 2 to pay Rs.50,000.00 and also directed OP 3 to pay a sum of Rs. 1,00,000.00 to the complainant along with costs of Rs. 1,000.00. There was no order against OP 1/hospital.