TAPAN BANERJEE Vs. JAYANTA BASU

JUDGEMENT

(1.) this is a complaint under Sec.17 of the C. P. Act, 1986 filed by one Sri Tapan Banerjee (hereinafter referred to as the complainant) against Dr. Jayanta Basu (O. P. No.1), Dr. Kishalay Dutta (O. P. No.2) and Woodland Hospital and Medical Research Centre Limited (O. P. No.3) claiming a sum of Rs.5,46,279/- as compensation and medical expenses incurred by him in the medical treatment of his daughter since deceased. The facts of his case are in brief as follows: his only daughter named Rajashree Banerjee suffering from kidney trouble was admitted in the Woodland Hospital (O. P. No.3 ). At that time her age was 25 and she was then temporarily employed as a teacher in the Duff School. Before getting her admitted in the said hospital, the complainant consulted Dr. Shyamal Das of S. S. K. M. Hospital who visited Rajashree and treated her by prescribing certain medical tests. In the meantime the complainant get in touch with Dr. Kishalay Dutta (O. P. No.2) who also saw his daughter and diagnosed the disease as thyroid Gland Expansion and Anaemia. He also advised the patient to take proteinful eatables and drinks and Rajashree remained under his treatment for two and half years but her ailments and health deteriorated day-by-day. At this time the complainant consulted another local physician who prescribed certain medical tests to be held immediately and after holding such tests they came to know that E. S. R. level of Rajashree was very high and then the complainant contacted Ramkrishna Seva Pratisthan on 25.8.1995. By holding some tests the hospital came to know that both the kidneys of Rajashree became non-functional. The complainant then reported the matter to the O. P. No.2 Dr. Kishalay Dutta who contacted Dr. Jayanta Basu (O. P. No.1) of Woodland Nursing Home. Dr. Basu checked Rajashree in several ways through costly medical tests and confirmed that Rajashree had lost both of her kidneys. Under such circumstances the wife of the complainant donated a kidney to Rajashree that was implanted into Rajashree's body by Dr. Shibaji Basu on 11.11.1995 at Woodland Nursing Home (O. P. No.3 ). At this stage the O. P. Nos.1 and 2 advised the complainant to take his daughter to Vellore for better transplantation and the complainant accordingly procured about Rs.3,00,000/- by way of donation by giving advertisement in the newspapers, but not a single doctor rendered proper services to Rajashree nor they sacrificed their fees. Rajashree was kept under the treatment of Dr. Jayanta Basu and according to his advice the complainant kept watch over Rajashree's health. Since second week of September, 1996 Rajashree felt a pain in her waist and she had little temperature also. Immediately the complainant reported the matter to Dr. Jayanta Basu but Dr. Basu did not take proper care or give proper advice so that the pain and temperature of Rajashree increased day-by-day. Dr. Basu advised X-ray of Rajashree's right waist but nothing was found. Then he further advised hot bag therapy but Rajashree did not recover either from pain or from fever, temperature having risen upto 1050 F. Dr. Basu then advised her blood test and seeing the result of such tests he diagnosed Ecelia and prescribed painful injection but the health of Rajashree went on deteriorating day-by-day. The doctor advised pain killer like Voveran. At this stage on 30.9.1996 Rajashree was again admitted in the Woodland Nursing Home for her proper treatment. Dr. Jayanta Basu treated her again but released her on 4.10.1996 on the plea that he would be out of station from 5.10.1996 to attend a meeting. Though the fever and the pain of Rajashree remained in the same condition Dr. Basu simply advised the same pain killer and Voveran and Crocin. Under such circumstances Rajashree was taken home again with such fever and pain. Thereafter Rajashree remained unattended till 10.10.1996. The complainant consulted other doctors due to non-availability of Dr. Jayanta Basu but no doctor agreed to take the risk in treating her but they advised follow-up of Dr. Jayanta Basu's advises. Dr. Basu returned on 10.10.1996 and when the complainant contacted him he adviced re-admission of Rajashree into Woodland Hospital on 11.10.1996. The hospital authority gave an injection for her excessive pain and for several days she was kept under the influence of such injection without being given any food. The hospital authority appointed special nurses to attend Rajashree but those nurses were inept and they had no elementary knowledge of nursing. Dr. Basu also did not supply any information about the condition of Rajashree to the complainant or his wife during this period and even he did not let them know as to when and where he used to visit Rajashree. At this time as per advice of Dr. Jayanta Basu the complainant took Rajashree to Birla Heart Centre for her Renogram and M. R. I. but condition of Rajashree worsened. On 13.10.1996 the wife of the complainant contacted Dr. Basu over telephone and reported to him about the condition of Rajashree but Dr. Basu angrily replied that he was treating her well and nothing was there to be worried. But Dr. Basu actually did not take any care about the condition of the patient and on 15.10.1996 he advised Isonex and Streptomycin tablets and upon taking such medicines Rajashree's condition of health deteriorated more rapidly and on the same day her lumber-puncture also was made at about 11.00 a. m. As a result of this her urination stopped and she felt much pain and in such condition neither the hospital authority nor Dr. Jayanta Basu took any step to improve her condition in spite of several requests made by the complainant. The attending nurses intentionally gave wrong information to the complainant stating that the urine of Rajashree was passing normally and as proof they showed bed of Rajashree being wet with water and the complainant could understand that this was not urine but simple water. This fact was confirmed by Rajashree and when the matter was reported to the hospital authority they did not take any action for smooth passing of her urine by means of catheter and roughly behaved with the complainant on the plea that visiting hours were over. On 17.10.1996 Rajashree expired in presence of Dr. Jayanta Basu and the complainant had reason to believe that due to want of care, negligence, prescription of wrong medicines and incorrect diagnosis Rajashree breathed her last prematurely at the promising age of 25 and for this the O. Ps. are jointly and severally liable and the complainant has filed this complaint for realising the money which he had spent on account of her medical treatment, various tests, cost of medicines, etc. etc. and also as compensation for the mental agony and harassment which he and his family had been subjected to due to the erroneous procedure of treatment indulged in by the O. Ps. and their negligence.

(2.) The O. Ps. have contested the complaint by filing separate written statements denying material allegations and contending inter alia as follows. The complaint has been filed with an ulterior motive to put the O. P. under ransom. The complaint is wholly devoid of any substance or cogent ground. This fact is highlighted by the complainant's failure to come forward to face the cross-examination or to adduce an iota of evidence in support of his allegations. The complaint-allegations having not been substantiated, there is no reason to place any reliance upon the same. The complaint being false and frivolous is liable to be dismissed with cost.

(3.) The main point for determination in this case is whether the complainant has been able to prove that there was any deficiency in service on the part of the O. Ps. in the matter of rendered medical treatment to the patient who succumbed to her ailment.