Complaint Case No. CC/125/2011. Case: Ashok Kumar Todani Vs Rahul De and Ors.. West Bengal State Consumer Disputes Redressal Commission

Case Number:Complaint Case No. CC/125/2011
Party Name:Ashok Kumar Todani Vs Rahul De and Ors.
Counsel:For Appellant: Abhik Kr. Das, Advocate and For Respondents: Radha Kanta Mukherjee and Soumen Mondal, Advocates
Judges:Ishan Chandra Das, J. (President) and Tarapada Gangopadhyay, Member
Issue:Consumer Protection Act, 1986 - Section 17(1)(a)(i)
Judgement Date:April 17, 2017
Court:West Bengal State Consumer Disputes Redressal Commission
 
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Order:

Tarapada Gangopadhyay, Member, (Kolkata)

  1. The present Complaint has been filed u/s. 17(1)(a)(i) of the Consumer Protection Act, 1986 by the Complainant, being a doctor, with the allegation of medical negligence against the OP No. 1-Doctor and the OP No. 2-Hospital along with a prayer for direction upon the OPs to pay to the Complainant Rs. 20,00,000/- as compensation for mental agony and negligence and Rs. 5,00,000/- for mental and physical pain, Rs. 12,00,000/- for loss of professional duties and Rs. 5,00,000/- for medical expenses.

  2. The facts of the case, as emanating from the materials on records, are, in short, that the Complainant with complaint of 'low back pain radiating to Lt. buttock and back of Lt. thigh' visited the OP No. 1-Doctor on 1.3.2011 at OP No. 2-Centre. After such visit, the OP No. 1-Doctor advised for MRI of 'lumbosacral spine (plain)' from Woodlands or EKO, as revealed from the prescription dated 1.3.2011 by the OP No. 1-Doctor as available on records. After such MRI the OP No. 1-Doctor diagnosed the problem as 'Lt. posterolateral disc herniation at L5-S1 with Lt. S1 root compression'. The OP No. 1-Doctor performed on 2.3.2011 'Lt. L5-S1 microdiscectomy' upon the Complainant as revealed from the prescription dated 28.3.2011 of OP No. 1-Doctor as available on records. But immediately after such operation, 'Lt. buttock and Lt. thigh pain' re-appeared along with 're-appearance of back pain' as revealed from the prescription dated 28.3.2011 of the OP No. 1-Doctor as available on records. After such recurrence of the tremendous pain when the Complainant wanted to meet the OP No. 1-Doctor, the OP No. 1-Doctor was not available as averred in the Petition of Complaint. On 4.3.2011 the OP No. 1-Doctor visited the Complainant and allegedly told the Complainant that the pain management was not his concern and it was the concern of the anaesthetist whose name allegedly was not disclosed to the Complainant. Then the Complainant visited many doctors in West Bengal but got no relief of back pain, and ultimately visited Ganga Medical Centre & Hospital (P) Ltd., Coimbatore on 21.6.2011, where Dr. S. Rajasekaran diagnosed the case of the Complainant as 'failed back syndrome surgery with L5-S1 left paracentral disc prolapsed with left Radiculopathy' and on 22.6.2011 performed 'Transforaminal Lumbar Interbody Fusion L5-S1' upon the Complainant as evident from the 'Discharge Summary' dated 4.7.2011 of the said Hospital, as available on records. After such surgery at Coimbatore the Complainant recovered satisfactorily as averred in the Petition of Complaint. For this treatment the Complainant had to spend Rs. 5,00,000/- and at present has to spend Rs...

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