IMPORTANT POINT
Medical negligence – Treating Doctor must show utmost care while handling critical patients.

ORDER

Manojit Mandal, President—These are two Appeals against the Order dated 15.11.2017 passed by the Consumer Dispute Redressal Forum, Kolkata – Unit – III (South) West Bengal (in short District Commission) in connection with Complaint Case No.CC/88/2016.

2. Shri Ramesh Prasad, Shri Ravi Prasad and Shri Jyoti Prasad and Smt. Lakhi Devi (hereinafter the Complainants) filed the said Consumer Case before the District Commission.

3. The Complainants/Opposite Party No.1, 2, 3 & 4 instituted the Complaint Case being No.CC/88/2016 against the Appellants of both the Appeals and Dr. K.K. Maity, Opposite Party No.1 praying for the following reliefs:

i) To direct the OP nos. 4 and 5 i.e., ESI Hospital and Saroj Gupta Cancer Centre & Research Institute to furnish the entire medical treatment records and/or sheets of the patient, Shankar Prasad for ends of justice.

ii) To direct the OPs to pay a total compensation to the tune of Rs.15,20,000/- (Rupees fifteen lakhs twenty thousand only) for the irreversible loss and damage suffered by the complainants and their family. And

iii) To pall such further order or orders as Your Lordship deems fit and proper.

4. Brief Facts of the Complaint Case are that, Complainants are legal heirs of Late Shankar Prasad who died. The complainants filed the Consumer Case due to the deficiency in service and medical negligence on the part of OPs collectively as well as the negligent manner with which the patient was attended/treated. Complainants No.1, 2 & 3 are the sons and Complainant No.4 is the widow of deceased Shankar Prasad. Said Shankar Prasad had complaint of suffering pain and bleeding every time while passing his stool. During May/June in 2013, he had medical history of anal fistula and fissure for which surgical intervention in the form of excision of fistula and anal stretching were done at CMRI Hospital on 20.10.1992. However, Complainant No.1, Ramesh Prasad being an employee card holder of ESIC took his father to the ESIC hospital, Thakurpukur, Joka, where his father was seen by Dr. K.K. Maiti, OP no.1. After clinical examination, Shankar Prashad since deceased was advised for colonoscopy on 08.06.2013. Colonoscopy is a test that allowed looking at the inner lining of the large intestine. A thin flexible tube is used to look at the colon. This test helps finding ulcers, colon polyps, tumors and such other areas of bleeding. Accordingly, colonoscopy of Shankar Prasad was done on 12.06.2013. From the report, it transpires that there was an anorectal polyp from where the bleeding was taking place. The report had further suggested for surgical intervention. Thereafter, Complainants took their father on several occasions to the OPD of ESI hospital during which Doctors advised for excision of anorectal polyp vide slip dt.21.06.2013.

5. Further case of the Complaints are that, finally, as per advise, Shankar Prasad was admitted to the said ESI Hospital, Joka, (OP No.4) on 27.06.2013 and on 29.06.2013, Dr. K.K. Maiti had done excision of anorectal polyp under spinal anesthesia. Thereafter, the patient was discharged from OP No.4 Hospital on 01.07.2013 with an advice to continue the prescribed medication and review after seven days from the date of discharge. The said histopathology report of the patient, Shankar Prasad, was obtained from the Ashok Laboratory Clinical Testing Centre Pvt. Ltd. on 05.07.13, where biopsy was advised. OP no.1, after seeing the report suggested to follow up with larger biopsy. After a span of about 4 months post-operation the patient again started complaining the problem of pain at the anus area while passing stool and Complainants took him to the OPD of ESI Hospital, Thakurpukur, Joka, OP No.4 where the patient was clinically examined and medicines were prescribed. Thereafter, despite continuing the medicine as per the advice of the Doctors at the OP No.4 Hospital, the patient started releasing puss and the pain aggravated on which was taken to OPD of OP No.4 Hospital.