- (1.) This appeal is by the Superintendent, Gandhi Memorial Hospital, Kalyani-Nadia against the judgment and order passed in a case of medical negligence thereby directing the said Gandhi Memorial Hospital to pay compensation for an amount of Rs.1,00,000/- and litigation cost of Rs.2,000/- to the complainant for death of his mother because of deficiency in service on the part of the said hospital in the treatment of his mother.
(2.) The facts of this case are simple and stated hereunder:- The mother of the complainant having felt chest pain at about 7.30 p.m on 29th March 2008 was taken to Santipur State General Hospital where she was attended by an emergency doctor. On the next night she was referred to the Gandhi Memorial Hospital, Kalyani at about 10.45 p.m for better treatment. On the said night she was examined at first in the Emergency Ward and thereafter admitted in a 'Female Ward'. According to the complainant, the attending physician who examined the mother of the complainant on her arrival from Santipur State General Hospital suggested ECG and Blood Sugar Test of the patient. Unfortunately, the said ECG was not done in the night of 30th March 2008. On the next morning she was examined by the cardiologist at 10 a.m who also advised for ECG but no ECG was done and ultimately the mother of the complainant expired on 31st March 2008 at about 1 p.m. The opposite party has contested the case by contending that since ECG was done of the patient on the previous day at Santipur State General Hospital so there was no necessity to make a further ECG after her admission in the Gandhi Memorial Hospital. Alternatively, it has been contended that ECG could not be done on 31st March as that was holiday and it also could not be done on the next day as the cardiologist did not advice for ECG.
(3.) The materials on record clearly reveal that on arrival of the patient (mother of the complainant) at Gandhi Memorial Hospital upon being referred to by Santipur State General Hospital, the attending physician who initially examined the patient at the Emergency Ward, advised for ECG and Blood Sugar Test. On the next day the cardiologist who attended the patient also advised such ECG. Fact remains that no ECG was done on the patient in spite of the advice given by the attending physician who examined the patient first and the attending cardiologist who attended the complainant on the next date. The defence plea that there was no deficiency of service so far as the proper treatment of the patient is concerned was on the basis that the patient was administered proper medicines on the basis of ECG that was done at Santipur State General Hospital on 29th March 2008 and further ECG was not absolute necessity.;