- (1.) The present challenge is directed against an order whereby the West Bengal Clinical Establishment Regulatory Commission allowed a complaint registered by the father of an unfortunate girl, namely, Trisha Bose.
(2.) Trisha, while she was in the care of the petitioner, met with an accident and died as a result. The consistent case of both the parties is that the young lady was going to be released from the hospital very soon and her treatment was almost over. At this juncture, on a particular occasion, she expressed her desire to use the washroom to release herself, although she was on saline. The case of the nursing home/petitioner, as corroborated by the concerned attendant and a co-patient of Trisha, who was an eye- witness to the incident, is that when Trisha wanted to go to the washroom, the attendant initially tried to dissuade her due to her frail health. However, the young lady insisted upon going to the toilet by herself and she had to be permitted to do so, being accompanied by the attendant. While Trisha was on the verge of returning to her bed, she fell down, initially on the attendant, who could not carry her weight since Trisha was on the heavier side, and thereafter she fell to the floor. Immediately thereafter, as is borne out by the complaint of the opposite party no.1 (father of the deceased), the nursing home contacted the parents of Trisha over phone and intimated them of the fall suffered by Trisha.
(3.) The girl was moved immediately to the I.C.U. of the petitioner nursing home, where she was being treated. Unfortunately, the young lady could not be saved and met with her death.;