NANDINI BANDYOPADHYAY Vs. BELLE-VUE CLINIC
LAWS(NCD)-2021-3-6
NCDRC
Decided on March 05,2021

Nandini Bandyopadhyay Appellant
VERSUS
Belle-Vue Clinic Respondents

JUDGEMENT

S.M.KANTIKAR,J. - (1.) The Complainant Nandini Bandyopadhyay took her father Mr. P. K. Mukherjee (since deceased, hereinafter referred to as the 'patient') to Belle-Vue Clinic (hereinafter referred to as the Opposite Party No. 1) on 02.06.2007 and admitted for weakness and pain in the left groin. On the next day, the Ultrasonography (USG) and few blood tests were done and it was a suspected case of cancer in liver and lungs. On 04.06.2007, CT guided FNAC was performed. It was very painful and the patient suffered suffocating experience. On 05.06.2007, bedsore was noted on the back. On 06.06.2007 the patient did not pass urine for long time and the doctor inserted a catheter in the bladder. It was alleged that spread of lung cancer takes time to reach liver and it spreads locally in the chest. It was alleged that the patient was 84 years old with chronic medical ailments. Dr. Subrata Maitra (hereinafter referred to as the Opposite Party No. 2) 2 failed to co-relate the raised blood levels of fibrinogen, D-dimer and PSA, which would have been helpful for proper management with the help of Oncologist, Hematologist and Urologist. The treating doctor failed to exercise reasonable degree of care to diagnose and control the urinary infection which was present at the time of admission at Belle-Vue Clinic (the Opposite Party No. 1). The patient developed uro-sepsis and died on 06.06.2007. Being aggrieved, the Complainant filed a complaint before the District Forum, Unit-I, Kolkata.
(2.) The Opposite Parties filed their respective written versions and denied the entire allegations.
(3.) The District Forum dismissed the complaint and the State Commission also upheld the decision of the District Forum by dismissing the appeal (First Appeal No. 792 of 2013) filed by the complainant.;


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