Dr. S. M. Kantikar, Member—The facts of the case are that the complainant, Shri Jeewan Lal Sharma is a businessman. He was a known diabetic, suffered Perianal abscess and took treatment from M/s Serampore Surgical Nursing Home (P) Ltd., OP 1. Dr. M. K. Roy was the attending Surgeon, OP-2. The OP 2 performed the surgery on 12.7.2008 for removal of abscess. On the same night, the patient became serious, drowsy and senseless. Therefore, the patient was transferred to Apollo Gleneagles Hospital on 13.7.2008 for treatment under Dr. Shyamasis Bandyopadhyay. The OP did not issue discharge summary or transfer certificate. The doctors of Apollo Gleneagles Hospital expressed that there was wrong treatment and that wrong operation was done by OP 2. The patient underwent two operations in Apollo Gleneagles Hospital and was discharged on 28.7.2008. The patient continued to lie in bed with regular catheter and incurred heavy medical expenses.

2. Hence alleging medical negligence, the complainant filed a complaint before the State Commission, West Bengal on 5.5.2009 for total compensation Rs. 26,03,033/-. The Commission after hearing and considering evidence on record dismissed the complaint