National Consumer Disputes Redressal
Sri Ajit Kumar Roy vs Dr. Amitabh Mishra, Bbs Aastha & Ors. on 14 August, 2012
NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
REVISION
PETITION NO. 3068 OF 2010
(Against the order dated 28.05.2010 in
Appeal No. 45 of 2010 of the
West
Bengal State Consumer Disputes Redressal Commission, Kolkata)
Sri Ajit Kumar Roy
S/o Sri Narayan Chandra Roy
Addressed at South Deshbandhu Para
Pipe Line, P.O. & P.S. Siliguri,
Dist. Darjeeling (W.B.) ........
Petitioner (s)
Vs.
1.Dr. Amitabh Mishra, BBS Aastha
C/o Unit : Madan Ganga Nursing Home,
Beside Royal Motor, Sevoke Road
P.O. & P.S. Siliguri, Dist. Darjeeling (W.B.)
2.The Administrator, BBS Aastha
C/o Unit : Madan Ganga Nursing Home,
Beside Royal Motor, Sevoke Road
P.O. & P.S. Siliguri, Dist. Darjeeling (W.B.)
3.The Managing Director, BBS Mediscanners
Private Limited,
Registered office 79/27, AJC Bose Road,
Kolkata
BEFORE:
HON'BLE
MR. JUSTICE J.M. MALIK, PRESIDING MEMBER
HONBLE MR.
VINAY KUMAR, MEMBER
For the Petitioners : Mr.
Suresh Kumar Mitruka, Advocate
Pronounced on 14th
August, 2012
ORDER
JUSTICE J. M. MALIK, PRESIDING MEMBER
1. Smt. Gouri Rani Roy, aged about 56 years since deceased, mother of the complainant, Ajit Kumar Roy got admitted in Siliguri Sub-Divisional Hospital for her medical treatment on 2.12.2005 but on the same day, she was advised by the doctor to get her better treatment in a Nursing Home.
The doctor also advised for CT Scan of her brain.
2. CT Scan was done at BBS Mediscanners of Siliguri, a unit of the respondent No. 3. She was admitted in the nursing home, BBS Aastha C/o Unit Madan Ganga Nursing Home for her better treatment. The doctor Amitabh Mishra, respondent No. 1 attended the petitioners mother and informed that some blood had been clotted in her brain and that he would arrange to clear the same by giving some medicines and assured that her mother would recover very soon within 6-7 days. He also prescribed some blood tests for his mother. On the next day i.e. 3.12.2005, the blood test was conducted at the unit of respondent No. 3 on the request of respondent No. 1. Dr. Amitabh Misra informed that the WBC Count and Nutrophils Count of his mother were little bit excessive and that he would prescribe the required medicines to bring the said WBC and Nutrophils Count in normal condition. Till 9.12.2005, no improvement was noticed. She started to loose her memory and suffered from breathing problem. CT scan was conducted at the centre of respondent No. 3. The petitioner requested Dr. Amitabh Mishra for providing oxygen at the said time but the same was avoided by Dr. Amitabh Mishra. Request was made to shift her mother in ICU ward but the needful was not done. Thereafter, his mother went in coma.
3. On 11.12.2005, as per CT Scan report, the petitioner was informed by Dr. Amitabh Mishra that blood clot has started to remove from her brain and she was stable in her condition but WBC count and Nutrophil Count could not be reduced. The petitioner requested the doctor that his mother should be shown to some other doctor.
Ultimately, they advised him that his mother should be checked by Dr. Malay Chakraborty. Dr. Malay Chakraborty visited the hospital but Dr. Amitabh Mishra was not present. On 12.12.2005, the petitioners mother was shifted to ICU Ward which is after some days from the date of her admission and oxygen in relation to inhalation was then started.
4. On 14.12.2005, the petitioner was informed that his mother got some infection probably due to some catheter. Dr. Amitabh Mishra prescribed some medicines and injection in the name of Pipzo and Linospan. The petitioners mother started vomiting and she was given food through food pipe. Dr. Amitabh Mishra took the assistance of one Mr. Sekhar Chakraborty with regard to the treatment of his mother as he was visiting doctor of said nursing home. He also prescribed some tests.
5. On 16.12.2005, Dr. Amitabh Mishra went on leave for a period of 7 days leaving his mother under the care of one Dr. G.C. Ojha, who was also the visiting doctor of the said Nursing Home. When the petitioner came to know about this fact he requested Dr. Amitabh Mishra to discharge his mother. Dr. Amitabh Mishra assured that Dr. G.C. Ojha is attached with Paramount Hospital, Siliguri and that he would arrange to supervise the complainants mother properly and if requested, he would contact with Dr. G.C. Ojha over phone. As per advise given by Dr. S. Chakraborty, two bottles of blood were transmitted to his mother. In the meantime, Ultra Sonography was conducted and it came to petitioners notice that his mother was suffering form Gall Bladder Stone.
6. Ultimately, Dr. Sekhar Chakraborty referred his mother to Apollo Hospital, Kolkata for her better treatment on 21.12.2005. It also came to light that petitioners mother had developed the disease Septicemia. At this stage, respondent No. 2 demanded a sum of Rs.60,000/- towards the treatment but did not give any bill. The petitioner did not pay the amount because he required money at Kolkata for treatment and assured the Nursing Home that he would pay the amount as and when he would return from Kolkata. However, his mother was released after he paid a sum of Rs.25,000/- only. The petitioner also paid a sum of Rs.35,000/- towards the costs of CT Scan, medicine, blood tests, ultrasound, x-ray test and other medical expenses etc.
7. On 22.12.2005, the petitioners mother got admission in Apollo Hospital, Kolkata on 22.12.2005 around 7.30 a.m. in ICU Ward.
After clinical examination, the petitioner was told that physical condition of his mother was not so good and 80% parts of his mother had already been damaged and his mother would not survive for more than one or two months. On the same day, his mother expired. The dead body of the mother was released by paying a sum of Rs.38,977.46.
8. The petitioner demanded the copies of Bed Head Tickets and the details of the treatment as provided to the mother of the petitioner by respondent No. 2 from 2.12.2005 to 22.12.2005 in order to know about the medicine as prescribed and to know about the treatment given in their nursing home but they always avoided to furnish the necessary documents. The petitioner sent a notice to the respondent No. 2 with a request to provide the said Bed Head Tickets/treatment sheet but no reply was received there from.
9. The petitioner filed a complaint before the District Consumer Forum on 24.12.2007 wherein the compensation to the tune of Rs. 9 lakh and other incidental costs incurred by the petitioner were demanded.
That complaint was dismissed. An appeal was preferred by the petitioner but it did not produce the desired result. Consequently, the above detailed revision petition was filed.
10. We have heard the learned counsel for the petitioner. Learned counsel for the petitioner vehemently argued that non-supply of documents tantamounts to deficiency in service. He also argued that it was the duty of the doctor to give oxygen to the patient immediately but it was delayed by 10 days. He also submitted that she developed UTI in the hospital. When the position of patient became deteriorated, she could have been referred to some other hospital. The doctors of Apollo Gleneagles Hospital were shocked to see the condition of petitioners mother.
11. We see no merit in this argument. The proof of medical negligence does not stand proved.
The petitioner should have produced some cogent, convincing and plausible evidence to show that the doctors were negligent at any time. Apprehensions cannot take the place of proof. Record does not reveal that there was any negligence or inaction on the part of the doctors. Dr. Amitabh Mishra in his written statement has explained that he is engaged in neurosurgical practice since 1997. He has done MBBS from KGMC (King Georges Medical College), Lucknow; M.S. (Generaly Surgery) from GSVMMC, (Ganesh Shankar Vidyarthi Memorial Medical College) Kanpur and M. Ch. (Neuro-surgery) from IMS, (Institute of Medical Sciences), Banaras Hindu University. It was explained that M. Ch. is the highest medical degree in any medical institution in India.
12. The patient record at page 144 clearly goes to show that C.B.G. done at 7 p.m. 90 mg/d, catheterliyed out side.
13. It is also surprising to note that no expert was examined by the complainant to prove that the treatment as undertaken by Dr. Amitabh Mishra and other doctors at the nursing home was wrong and proper diagnosis was not administered by Dr. Amitabh Mishra. On the contrary, one expert was examined by the respondent. Dr. Attanu Biswas, the Head of Department, N.B.M.C. & H., who categorically supported the case of the defence.
14. There is no evidence that medicine was administered to the patient in excess. There is no opinion that excessive medicine was given to the patient due to which her death was caused. Nobody stated that due to wrong treatment of Dr. Amitabh Mishra, death was caused.
There is nothing on record which may go to show that doctors of Appollo Gleneagles Hospital raised a finger about the wrong treatment given by the respondent. Dr. Dhimen Sen of Appollo Gleneagles Hospital categorically stated that he did not make any comment against his colleague doctors of Siliguri.
On the contrary, it appears that the petitioner was to pay huge bill and that is why this complaint was filed. It must be borne in mind that it is for the petitioner to carry the ball in proving medical negligence on the part of the doctors.
15. In absence of this, the position does not begin to jell. Except the ipse dixit of the complainant there is no material brought on record to support his assertion. There is not a rag of evidence to implicate the respondents in this matter. The allegations amount to no more than footer.
The absence of any cogent and plausible evidence has brought this case to a brink of precipipe. The demand of bills must have annoyed the complainant and he countered his attack by filing the instant complaint. The revision petition is sans merits and deserves dismissal which we hereby direct.
..Sd/-..
(J.M. MALIK, J.) PRESIDING MEMBER Sd/-.
(VINAY KUMAR) MEMBER Naresh/reserved