PARTHA SARATHI SENGUPTA Vs. S BASU

JUDGEMENT

(1.) The mother of the petitioner Nitee Sengupta, since deceased was under treatment of O. P. No.1 and she underwent operation on 10.7.1994 at the Nursing Home of O. P. No.2 for fracture of her right neck femur. After the operation the condition of the deceased started deteriorating suddenly. O. P. No.1 found after examination that the urine bladder was dilated and suggested for hot and cold compression over supra pubic region. O. P. No.1 referred the deceased to Dr. Kishore Choudhuri who advised for drainage of urine by catheter. She was examined by another Doctor on 22.7.1994. Several other Doctors examined her and she could not be cured. The petitioner alleges that there was no proper post-operative care which resulted in the death of his mother. Accordingly he has claimed compensation for the sum of Rs.9 lacs.

(2.) The case is contested by O. P. No.1 by filing written version wherein he denies that there has been negligence on his part. He submits that all possible care was taken before and after the operation. The patient was treated for urinary tract infection before the admission in the Nursing Home.

(3.) It is admitted that the operation was done by O. P. No.1 who is a Orthopaedic Surgeon. Subsequently complication developed and a number of specialist Doctors were called in and they examined the patient from time to time, but no improvement could be noticed. The documents filed by the petitioner himself show that series of Doctors examined the patient and treatment continued. There is no specific allegation against the Orthopaedic Surgeon (O. P. No.1 ). It has been, however, alleged that there was no post-operative treatment and care, but the papers filed by the petitioner himself show that regular treatment was given to the patient but she did not survive. Therefore, it is crystal clear that the allegation of the petitioner is totally baseless. So, in our view the petitioner cannot get any relief. The case is accordingly dismissed. Complaint dismissed.