Case nº First Appeal No. 452/453 Of 2014, (Against the Order dated 30/06/2014 in Complaint No. 65/2010 of the State Commission West Bengal) With Ia/2699/2016,Ia/5477/2015 of National Consumer Disputes Redressal Commission, August 31, 2016 (case 1. Apex Institue of Medical Science 2. Dr. Susanta Bhattacharya Ors. Vs 1. Papia Banerjee and Ors. 2. Dr. Tirthankar Bhattacahrya 3. Dr. Sandip Roy 4. Apex Institute Of Medical Science)
| Judge | For Appellant: Mr. Partha Sil, Advocate ( in FA No. 452/2014) and Mr. Soumya Dutta, Advocate ( in FA No. 453/2014) and For Respondents: Mr. H. Brahmachari, Advocate with Mr. Ayan Pal, Advocate and Nemo |
| President | Mr. Ajit Bharihoke,Presiding Member and Dr. S.M. Kantikar,Member |
| Resolution Date | August 31, 2016 |
| Issuing Organization | National Consumer Disputes Redressal Commission |
Order:
Ajit Bharihoke, Presiding Member
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By this order we propose to dispose of above-noted two appeals arising out of the impugned order of the State Commission, West Bengal.
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Briefly stated, facts relevant for the disposal of the appeals are that respondent/Papia Banerjee widow of late Niloy Banerjee filed a consumer complaint in the State Commission, West Bengal on the allegations that on 24.8.2009 her husband shri Niloy Banerjee sustained injuries in an accident. He was taken to Bangur Hospital where he was given initial treatment and on the same day he was shifted to the appellant hospital (opposite party No.2). Shri Niloy Banerjee was discharged from the hospital on 27.8.2009. After coming on, Shri Niloy Banerjee felt acute pain in the lower abdomen. The complainant sought advice of the family physician Dr. Bibek Sarkar and on the advice of the family physician, Shri Niloy Banerjee was readmitted in opposite party No.2 hospital on 28.8.2009. On examination immediate surgery of Niloy Banerjee was suggested. The surgery was performed on 29.8.2009 and the patient was shifted to ICU for close monitoring. On 4th September, 2009 Shri Niloy Banerjee was shifted from ICU to the general ward. It is the case of the complainant that hospital authorities were requested to assign a full time nurse for taking continuous care of the patient and despite of a requisition in this regard no action was taken on the request. On 5th September, 2009 at around 2.30 am the complainant was telephonically informed by the hospital that Niloy Banerjee had fallen from the height and his condition was critical. The complainant alongwith the relatives rushed to the hospital and on reaching there found her husband dead. The hospital authorities issued a provisional medical certificate detailing the cause of death. It was mentioned in the death certificate that the death has occurred due to multiple injuries including head and abdominal injuries due to fall from height. According to the complainant the hospital has concealed the facts leading to the death of the patient and presumption was that the death has been caused because of surgical lapse. A legal notice was issued to the opposite parties asking for the real cause of death. The opposite party in its reply dated 25.2.2010 stated that during the stay in the general bed Niloy Banerjee managed to sneak past the duty nurse and went to the roof by climbing the fire escape stairs and fell from there. On the aforesaid allegations, holding the hospital authorities/opposite parties guilty of medical negligence the respondent filed the consumer complaint seeking following reliefs: -
Under the above facts and circumstances the petitioner prays before your Lordship for a direction to issue show cause notice upon the opposite parties causing death of the petitioner''s husband due to negligence and to direct to pay Rs.61,20,000/- for the loss of income which the petitioner''s husband would have earned for the family, Rs.32,40,000/- for family agony, suffering and emotional loss, and to pass such further order or orders as your Lordship may seem fit and proper.
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The opposite parties No.1, 2 & 4 filed a joint written statement seeking disposal of the complaint on the ground that no cause of...
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