National Consumer Disputes Redressal
Bechuram Sarkar vs Dr. Tara Shankar Bhatterjee on 28 March, 2019
Author: R.K. Agrawal
Bench: R.K. Agrawal
NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION NEW DELHI REVISION PETITION NO. 3022 OF 2016 (Against the Order dated 18/09/2015 in Appeal No. 730/2013 of the State Commission West Bengal) 1. BECHURAM SARKAR S/O. LATE BISWANATH SARKAR, 12/39, SATISH CHAKRABORTY LANE, P.S. BALLY, DISTRICT-HOWRAH WEST BENGAL ...........Petitioner(s) Versus 1. DR. TARA SHANKAR BHATTERJEE ATTACHED WITH HOWRAH DISTRICT HOSPITAL, P.O. & DISTRICT-HOWRAH-711101 WEST BENGAL ...........Respondent(s)
BEFORE: HON'BLE MR. JUSTICE R.K. AGRAWAL,PRESIDENT HON'BLE MR. DR. S.M. KANTIKAR,MEMBER For the Petitioner : Mr. Kunal Chatterji, Advocate For the Respondent : Mr. Rabin Majumder, Advocate Ms. Mousumi Roy, Advocate Dated : 28 Mar 2019 ORDER PER DR. S. M. KANTIKAR, MEMBER
1. Brief facts of the case are that on 05.06.2010 the petitioner Bechuram Sarkar's son Master Sumit (hereinafter referred as 'Patient') sustained accidental injuries to his left arm. His father took him to Belur State Hospital where dressing was performed and he was referred to Howrah District Hospital for further management. He was taken to Howrah District Hospital. The OP-Dr. Tara Shankar Bhatterjee after taking X-ray and CT scan of the patient, prescribed some medicines and called the patient on 09.06.2010. However, on 06.06.2010 due to pain, patient became senseless, hence, he was taken to Uttarapara State Government hospital in emergency, but he was referred to Kolkata medical college, wherein again x-ray and C.T. Scan was performed. On seeing the reports, the patient was asked to seek urgently orthopaedic opinion. Accordingly, petitioner took his son to Belur Sramajibi Hospital, but he did not get admission there. Therefore, patient was taken to Re-Life Private Hospital wherein on 07.02.2010 amputation of his left hand was performed. Being aggrieved by negligent attitude of OP, the petitioner filed a complaint (complaint no. 31 of 2013) before the District Forum on 06.02.2013.
2. As the opposite party-doctor neither appeared nor filed its written version, therefore, the District Forum decided the matter ex-parte and awarded Rs. 10 lakh as compensation alongwith Rs. 20,000/- as litigation costs. Being aggrieved, the opposite party filed the first appeal (Appeal No. 730 of 2013) before the State Commission, it was allowed and consequently the complaint was dismissed. Against the impugned order, the complainant filed the instant revision petition under Section 21(b) of the Consumer Protection Act, 1986.
3. Heard the learned counsel for both the parties. Perused the medical record and the relevant medical literature.
4. Admittedly, on 05.06.2010 in the morning, while playing football, the boy, Bechuram-patient suffered fracture injury to his left hand. After initial treatment at Belur State Hospital, he was referred to Howrah District Hospital to the emergency department. X-ray was taken and OP-doctor had performed dressing of injured portion and applied half cast plaster. For the operation, patient was called on 09.06.2010 at 9.00 a.m. on empty stomach and for that date, operation theatre was booked. However, patient did not turn up. On bare perusal of medical prescriptions, it is apparent that patient had approached different hospitals for the treatment viz. Sramajibi Hospital and Kolkata Medical College - Hospital. Finally on 07.06.2010 he got admitted in Re-Life Private Hospital, wherein amputation of the left hand was performed.
5. We have perused the enquiry committee report of the Committee constituted by the Superintendent, Hawrah District Hospital. The relevant observations are reproduced as below:
In their enquiry, the members of the committee observed that Mst. Sumit Sarkar, 15 yr/Male sustained injury on 5th June '10. After his first aid management at Belur SGH, the patient was referred to Howrah DH on the same day.
At the OPD of Howrah DH, the patient was attended by on duty orthopaedic surgeon Dr. T. S. Bhattacharjee. The patient was advised emergency X-ray, and the wet film show fracture both bone of left fore arm. The patient was advised POP cast, antibiotic, analgesic etc. & was advised to attend the Minor OT for final plaster immobilization on 9th June '10. There was no record that the patient even turned up subsequently.
From the observations, the enquiry committee arrived at the conclusion that management given by the attending orthopaedic surgeon did not indicate any departure from standard management protocol for such cases. As the patient did not report back, the attending surgeon did not have any scope for subsequent evaluation of the case. Thus the committee finally concluded that the allegation of medical negligence against the attending orthopaedic surgeon is not justiciable.
6. The learned counsel for the respondent/complainant brought our attention to one medical article titled as "Acute compartment syndrome: obtaining diagnosis, providing treatment, and minimizing medicolegal risk" (Curr Rev. Musculoskelet Med. 2012 Sep;5(3): 206-213). The article states that:
"Acute Compartment Syndrome (ACS), it is often based on subtle changes in symptoms and vague clinical exam findings. If left untreated, compartment syndrome can be a devastating injury resulting in loss of function and potentially loss of limb. Pediatric patients can also develop ACS, but their presentation differs dramatically from that of adults. ACS is a surgical emergency. The Diagnosis depends on a high clinical suspicion and an understanding of risk factors, pathophysiology and subtle physical exam findings. The typical high risk scenario for ACS is a male patient younger than 35 years of age, involved in a high energy sport or roadway collision, resulting in a tibial shaft fracture."
7. In the instant case, the patient suffered left hand fracture, he took initial treatment and after three days, he was called for operation on 09.06.2010. It is quite evident from the record that after the treatment (first aid) given by Orthopaedic surgeon of Howrah District Hospital, the patient had developed some complications. The patient instead of reporting back to the same doctor, was taken to different hospitals. Thus, there was loss of valuable time which deteriorated the condition of patient's left arm. Patient approached Uttarapara Hospital but he was referred immediately to Kolkata Medical College, but reportedly he was refused for admission on the ground of non-availability of orthopaedic surgeon. Thus, in our view, had it been on 06.06.2010, afternoon, patient reported back to the OP - orthopaedic surgeon at Howrah District Hospital, there was ample chance of avoiding ACS and possibility of saving the limb by doing fasciotomy. We therefore note that, the patient had failed to approach the treating doctor/orthopedician immediately but he went on to different doctors, which became fatal for him and he lost his limb. Thus, in our considered view, there was no fault or negligence of treating doctor in the instant case.
8. Apart from the merit of the case, we cannot turn blind eye to the administrative lapses on the part of Re-Life Private Hospital, which had issued a medical certificate for the cause of death, though the patient was alive. The certificate was issued without application of mind is reproduced as below:
"Certified that Shri/Smt./Kum. Sumit Sarkar, S/W/D of Shri Bachu Ram Sarkar, R/o 12/139 Satish Chakraborty Lane, Bally, Howrah, P.S. Bally Thana was admitted to this hospital on 6.6.10 at 8.30 p.m. and expired on Amputation on 7/6/10 at 10.30 a.m. Sd/-
Doctor: Debasis Sarkar (Medical Supdt. Name of Hospital)"
Therefore, we issue stern warning of caution to the Medical Superintendent of Re-Life Private Hospital to be more vigilant in the matter of medical records and issuance of certificates in future.
9. Based on the foregoing discussion, in our view, there was no negligence during the treatment of the patient either from the doctor or from the hospital. We find no jurisdictional error, or a legal principle ignored, or miscarriage of justice.
10. The revision petition, being misconceived and devoid of merit, is dismissed.
......................J R.K. AGRAWAL PRESIDENT ...................... DR. S.M. KANTIKAR MEMBER