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WEST BENGAL STATE CONSUMER DISPUTES REDRESSAL COMMISSION, KOLKATA
ISHAN CHANDRA DAS, PRESIDENT, SAMIKSHA BHATTACHARYA, SHYAMAL KUMAR GHOSH MEMBERS
Sharmistha Patra (Dr.) - Appellant
Versus
Narayan Sarkar & Ors. - Respondents
First Appeal No. A/864 of 2016
Decided on : 26-02-2019
Medical Negligence - Medical Negligence - [Consumer Protection Act, 1986 - Section 2(1)(g), Section 2(1)(o), Section 2(1)(r), Section 2(1)(g), Section 2(1)(o), Section 2(1)(r), Section 2(1)(g), Section 2(1)(o), Section 2(1)(r), Section 2(1)(g), Section 2(1)(o), Section 2(1)(r), Section 2(1)(g), Section 2(1)(o), Section 2(1)(r)] - The court discussed the medical negligence and deficiency of service under the Consumer Protection Act, 1986, focusing on the standard of care, medical opinion, and the duty of a medical professional. The court emphasized the need for a reasonable competent practitioner and the acceptance of medical opinion in the field, as well as the distinction between negligence and a higher element of risk in medical procedures.
Fact of the Case:
The complainant's daughter suffered from a medical condition and received treatment from Dr. Patra at Apollo Hospital. The patient's condition deteriorated, leading to her death. The complainant filed a complaint claiming medical negligence and deficiency of service.
Finding of the Court:
The court found that the doctor did not act negligently and followed established medical norms. It also held that the hospital did not exhibit deficiency of service. The court relied on expert reports and medical opinions to support its findings.
Issues: The issues revolved around the alleged medical negligence of the doctor and the deficiency of service by the hospital, as well as the interpretation of the standard of care and the duty of a medical professional.
Ratio Decidendi: The court emphasized the need for a reasonable competent practitioner and the acceptance of medical opinion in the field. It distinguished between negligence and a higher element of risk in medical procedures, citing relevant legal precedents.
Final Decision: The court allowed the appeals, set aside the judgment, and held that there was no merit in the allegations of medical negligence and deficiency of service. Each party bore their respective costs of the appeal.
ORDER :
Mr. Justice Ishan Chandra Das, President-This judgment governs both the appeals being A/864/2016 and A/886/2016 filed against a common judgment passed by learned DCDRF, Kolkata, Unit-II in CC/149/2011 where learned Forum concerned while disposing of the said complaint case directed the OP No. 1 (Dr. Sarmistha Patra, the appellant of A/864/2016) was directed to pay a sum of Rs. 2,00,000 (Rupees two lakh) to the complainant for medical negligence whereas the OP No. 2 (Apollo Gleaneagles Hospital, the appellant of A/886/2016) was directed to pay a sum of Rs. 1,50,000 (Rupees one lakh fifty thousand) for deficiency of service and Rs. 20,000 (Rupees twenty thousand) towards litigation costs, to be paid within one month from the date of the order (i.e. 17.8.2016) but the complaint case was dismissed against the OP No. 3 (Divine Nursing Home).
2. Being aggrieved by such judgment and order dated 17.8.2016, these two appeals have been preferred by the respective parties, as noted earlier.
3. Briefly stated, the case of the complainant/respondent (hereinafter referred to as the complainant) was that his daughter Tania Sarkar, a tender aged girl of 16 years had been suffering from irregular and menstrual bleeding since November 2007, paid visit to the chamber of Dr. Sarmistha Patra, (the appellant of A/864/2016 and hereinafter referred to as Dr. Patra) at her chamber at Apollo Gleaneagles Hospital (the appellant of A/886/2016 and hereinafter referred to as the Hospital). On 26.11.2018 Dr. Patra examined the patient clinically and informed the wife of the complainant that her daughter Tania was suffering from hormonal imbalances, a common disease of her age, advised some routine pathological and clinical tests, prescribed some medicines for the time being and as per said advice, the complainant conducted several tests from Sunshine Diagnostic & Polyclinic, a reputed concern, collected the reports and again paid visit to the chamber of Dr. Patra on 29.11.2008, 24.12.2008 and 26.12.2008. Dr. Patra, after going through the said reports, opined that all were within normal parameters other than low hemoglobin level and diagonised. That the patient was suffering from minor and common disease which was common at her age, prescribed some medicines as course of treatment. In March 2009, the patient again started suffering from similar problem but in an aggravated form and on 19.3.2009, the patient was examined by Dr. Patra once again and opined that the disease, the patient was suffering from was ‘Menorrhagia’ should be kept under control with medication, prescribed some anti allergic medicines without ascertaining the cause of such anti allergic reactions but the problems with the patient continued and in September, 2009 the patient was taken to Dr. Patra with similar problems. Dr. Patra advised some regular clinical tests and referred the patient to chest physician Dr. Ashok Sengupta for further examination of the patient prescribed some regular medicines, assured the complainant that his daughter was suffering from “hormonal imbalances” as diagonised earlier. The complainant took his daughter to the chamber of Dr. Patra again on 14.10.2009 but the said doctor had gone through all the investigation reports, opined that she was unable to make out any medical reason for the low hemoglobin level of the patient and advised immediate hospitalization of the patient at the Apollo Hospital for blood transfusion due to the reason that the patients HB% was very low and she required blood transfusion to improve the HB% level and it would be helpful for curing the problem, as per advice and assurance of Dr. Patra, the complainant got his daughter admitted under her (Dr. Patra’s) care and two units of packed RBC was transfused but soon after such transfusion, the physical condition of the patient started deteriorating and in the absence of Dr. Patra, the other doctors attending the patient administered three injections upon the patient but instead of an
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