IMPORTANT POINT
Aneurysm of Profunda Femoris - The aneurysm of Profunda Femoris is rare and incidental finding revealed post operatively. It has no nexus with the act of OP-1.

ORDER

This Order shall decide both the Revision Petitions filed against the Order dated 29.10.2015 passed by the West Bengal State Consumer Disputes Redressal Commission (hereinafter referred to as the ‘State Commission’), whereby the Appeal filed by the Petitioners was dismissed and the Order of the District Consumer Disputes Redressal Forum, Hooghly (hereinafter referred to as the ‘District Forum’), which allowed the Complaint, was affirmed.

2. For the convenience, the facts are drawn from RP No. 3223 of 2015 and the Parties are being referred to as in the Original Complaint before the District Forum.

3. The District Forum held negligence against the OPs and allowed the Complaint. It directed the OPs to pay Rs. 17,91,000/- to the Complainants along with Rs. 50,000/- towards cost of litigation.

4. Being aggrieved, both the OPs filed the First Appeal - FA/879/2013 before the State Commission, West Bengal. It was dismissed and the Order of the District Forum was affirmed.

5. Being aggrieved, the OPs filed the instant two Revision Petitions.

6. None appeared for the Respondents, despite notice as directed vide Order dated 05.09.2022. Perused the material on record, inter-alia Orders of District Forum and State Commission. Arguments were heard from the learned Counsel for the Petitioners.

7. The case of the Complainant that on 10.09.2005, her husband - Kanta Krishna Mondal (since deceased, hereinafter referred to as the ‘patient’) sustained fracture of right femur. He was operated on 14.09.2005 by Dr. Bhaskar Das (OP-1) at Bagbazar Nursing Home (OP-2) and discharged on 18.09.2005 with advice to review after six seeks. Thereafter, the patient had blood stained serous discharge from the operative site. Therefore, on 20.09.2005, the OP-1 was contacted over phone, who advised to take the patient to Das Gupta Valorem Clinic for dressing since the clinic was near to the Complainant’s residence. Regular dressing was done from 20.09.2005 to 05.10.2005. Ball bandage was put, but the patient was continuously dislodging dressing. One unit of blood was transfused to correct anemia. On 12.10.2005, the patient telephonically informed OP-1 that there was sudden bleeding from the operated area, therefore, fresh dressing was done and the patient was again admitted to OP-3. On 13.10.2005 exploration of wound was done under general anesthesia and the patient was discharged on the same day. Thereafter, again there was bleeding from the wound on 15.10.2005, therefore, the patient was advised for admission in OP-2, wherein diagnosed as secondary hemorrhage. Two units of blood were transfused, however, again fresh bleeding was seen on 17.10.2005 from the operated area. Therefore, fresh sutures were put, and the OP-1 consulted Dr. Indrajit Sardar, a senior Orthopedic Surgeon at Kolkata and decided to shift the patient to Kolkata. The patient was admitted in M.B. Nursing Home at Kolkata under Dr. Indrajit Sardar. He diagnosed it as a secondary hemorrhage and three units of blood were transfused and the OT was fixed for debridement on the next date (19.10.2005), however, the patient took discharge on his own by signing the Risk Bond from M.B. Nursing Home. Thereafter, on 23.10.2005, the patient was taken to CMC, Vellore for further management, but the patient during treatment, he expired on 30.11.2005. Being aggrieved by the alleged negligence during entire treatment from OPs, the Complainants (wife and minor children) filed the Complaint before District Forum.

8. During proceedings before the District Forum, Dr. Bhaskar Das the OP-1 approached the West Bengal Orthopedic Association for seeking expert opinion. The Expert Committee was formed with four Senior Orthopedic Surgeons and gave their opinion dated 01.08.2009. It is reproduced as below:—

“Sir Kanta Krishna Mitra aged 65years who had psychiatric problems sustained unstable trochanteric fracture of right femur after a fall on 10.9.05

Dr. Bhaskar Das was consulted & he admitted Sri Mitra to a Nurs