TAPAN KUMAR BAUR Vs. ASHIM BANERJEE

JUDGEMENT

(1.) On 29.08.1999, Complainant, Ashim Banerjee's daughter, Ms. Rita aged about fifteen years (for short, 'patient') suffered severe abdominal pain and was taken to Nursing Home of OP-1 at 7.00 a.m. According to the Complainant, the OP- 1 verbally told that the condition of patient was serious due to burst of appendix and the patient would die if not treated immediately. The patient was not admitted but, kept waiting in the veranda of nursing home. In the evening without disclosing the actual disease, one staff of OP-1 nursing home took few signatures of the Complainant on typed papers. The patient was taken to operation theatre (OT) in the night. The operation was completed around 9.30 pm. After the operation the patient was unconscious, Complainant was not allowed to see his daughter. At about 11.30 p.m., the OP-1 and 2 took the patient in serious condition to Ghatal S. D. Hospital by ambulance. It was only then; the Complainant came to know about the death of his child. OP-3 did not issue the death certificate. Being aggrieved by the death due to alleged negligence and deficiency during treatment from the OPs, the complainant filed a consumer complaint before the State Commission, West Bengal.

(2.) Both the OPs have filed their respective written versions and denied all allegations. According to the OPs, the patient had the problem since four months prior to the date of operation. On 29.08.1999, the patient was brought to the nursing home in serious condition. The medical officer Dr.M.Maity examined the patient at 7 am and asked the Complainant to take the patient to the State Hospital or S.D Ghatal Hospital. But, the Complainant expressed his inability to shift the patient elsewhere. Therefore, on humanitarian ground decision to operate the patient was taken by OPs. As, there was no surgical team available in the OP- 1 (Hospital), therefore operation was conducted only when the surgical team from S.D Hospital had agreed to assist for the operation. The operation started around at 8:00 p.m and was completed at around 9:30 p.m. The patient did not regain consciousness after the surgery, therefore she was shifted by ambulance to Ghatal S.D. Hospital at about 11:40 pm wherein patient was examined by the doctors in the emergency department, but the patient expired at 1 :50 am on 30.08.1999. The Post mortem (PM) was performed, it did not reveal any evidence of surgical mishap. Therefore, there was no negligence on the part of opposite parties.

(3.) After hearing the parties and considering the evidence on record, the State Commission partly allowed the complaint and directed the OP 1 to pay compensation of Rs. 2 lakh and litigation cost of Rs.20,000/- to the complainant. The Commission also directed the OP- 2 to pay Rs. 1 lakh as compensation and Rs.20,000/- towards litigation cost. Payments to be made within 45 days from the date of passing of the order, failing which, interest @9% per annum shall accrue from the date of default till realization. The complaint against OP- 3 was dismissed as no deficiency could be seen as patient was brought dead to the OP- 3.