SANKAR KUMAR MITRA Vs. INDIRA JHA

JUDGEMENT

(1.) This is a case of alleged medical negligence causing death of Smt. Shanti Mitra (since deceased patient). The complainant no. 1, Shankar Kumar Mitra is the husband of the deceased, whereas Manas Mitra, the complainant no. 2 is the son of the deceased.

(2.) Briefly stated facts are that the patient was a known case of seizure disorder which was diagnosed on 15.09.2000 at CMC, Vellore and she was under treatment and advised to take medicines (tablet) of Tegretol 200 mg thrice a day and tablet Osteocalcium once a day. As the patient was resident of Howrah District, she took further treatment from Dr. Sital Ghosh from 22.11.2001 to June 2006. It is stated that on 21.06.2006, the patient was admitted in B.R. Singh Railway Hospital, Sealdah, Kolkata and took the treatment from Dr. Indira Jha (opposite party no. 1). The patient was discharged on 09.08.2006. She was diagnosed for "seizure disorder, chronic hypertension, chronic liver disease and hepatic encephalopathy". The patient was advised to attend the OPD of Gastrology and Neurology, thereafter. It was alleged that the opposite party no. 1 never followed the advice of Dr. T. P. Joseph given at CMC Vellore and Dr. Sital Ghosh, who treated her previously, despite the patient had handed over the previous treatment record (2000-2006) to the opposite party no. 1 at the time of admission. According to the complainant, the patient was admitted in B. R. Singh Railway Hospital repeatedly from 11.09.2006 to 13.10.2007. The patient was diagnosed as CLD hepatic encephalopathy and seizure disorder and portal hypertension. On 30.10.2007, the patient was once again admitted in the Railway Hospital for her severe back-pain. She was referred to Howrah Orthopaedic Hospital on 24.11.2007. Dr. Subrata Basu (opposite party no. 2) opined that the patient was suffering from seizure disorder, dorsal spine, fracture with marrow oedema of D11 and D12 vertebra, tuberculosis and carries spine. He has suggested for the MRI of the dorsal spine and then the patient was referred to Railway Hospital for further treatment. The MRI was performed on 29.11.2007, which detected as fracture with marrow oedema in D11 and D12 vertebra. The spinal cord and canal were normal. According to the opposite party no. 2 the patient was suffering from tuberculosis and caries spine, thus he started anti tuberculosis drugs. Thereafter, the patient's condition was deteriorating, therefore, the patient was transferred for further treatment of tuberculosis at RNTCP (Revised National Tuberculosis Control Programme), Howrah. There, her treatment was started from 29.11.2007. The patient was admitted in the Railway Hospital on 06.12.2007 and was discharged on 12.12.2007. There, she was again diagnosed for caries spine, CLD and portal hypertension and she was put on INH and PNZ and the other drugs were stopped. The patient again got admitted in B. R. Singh Railway Hospital on 22.01.2008 and was discharged on 25.01.2008. Thereafter, the patient again got admitted in the Railway Hospital on 08.03.2008 under the treatment of Dr. Sharmistha Mukherjee (opposite party no. 4) and was referred to chest clinic, where opposite party no. 5 (Dr. Angira Dasgupta) opined that the patient was suffering from miliary tuberculosis and CLD. The patient was advised to attend Health Centre Orthopaedic Hospital, Eastern Railway, Howrah. The said doctor stopped the neurological medicines without consulting any neurologist.

(3.) The patient was again admitted at B. R. Singh Hospital, Sealdah on 20.09.2008 and she (patient) died on 19.10.2008. The patient was under the treatment of the opposite parties no. 4 and no. 1 (Dr. Sarmistha Mukherjee and Dr. Indira Jha). The cause of death was recorded in the death certificate as "Decompensated chronic Liver Disease with Hepatic Encephalopathy, Seizure Disorder, Sick Sinus Syndrome with permanent pacemaker implant with Old Fracture Spine". But during her life time, the patient was never treated for the said old fracture, rather the patient was sometimes treated for caries spine and sometimes treated for miliary tuberculosis at the whims of the opposite parties no.1 to 5 who preferred to juggle with the life of the said patient instead of making a perfect diagnosis of the disease of the patient and treating her accordingly.