Homeopathic Doctor told to pay Rs 3.5 lakh for wrong treatment and gross medical negligence resulting in death of patient

Kolkata: Holding a Kolkata-based Homoeopathic doctor guilty of medical negligence for providing wrong treatment to a patient, who died after months-long battle, the District Consumer Disputes Redressal Commission, South 24 Parganas recently directed him to pay Rs 3.5 lakh as compensation to the mother of the deceased.

While the doctor had been treating the patients for six months, allegedly, the condition of the patient deteriorated. However, the concerned Homoeopathic doctor allegedly did not refer the patient to other doctor on time and as a result she died after being diagnosed with Disseminated Tuberculosis.

Therefore, opining the concerned homoeopathic doctor to be responsible, the Consumer Court observed, "Had she been treated earlier, she could have survived. It is due to the deficiency in service and unfair trade practice, adopted by Dr. G.K.Mohanty that the patient did not survive. Dr. G.K.Mohanty did not refer the patient to other doctor or else he did not advise for hospitalization."

Directing the doctor to compensate the family of the patient, the District Commission asked him to pay Rs 3 lakh with 10% interest p.a. with effect from 01.05.2013 to the complainant (the mother of the deceased patient) as medical expenses within 60 days from the date of order.

Apart from this, the doctor has been asked to pay another Rs 50,000 to the complainant for wrong treatment and gross medical negligence while treating her daughter, for mental agony and harassment of the complainant. Another Rs 20,000 needs to be paid by the doctor as cost of litigation.

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The matter goes back to May 2013 when the daughter of the complainant had approached the concerned Homoeopathic physician, Dr. Mohanty with complaints of high fever, chest pain and respiratory distress. The doctor had allegedly been informed by the complainant about the worsening condition of the patient. However, the doctor reportedly did not care and assured the speedy recovery of the patient.

It was submitted by the complainant that her daughter died due to wrong treatment and gross medical negligence of the concerned homoeopathic doctor. Pointing out that she had spent a considerable amount of Rs 3 lakh for the treatment of her daughter, she filed the complaint before the consumer court and demanded Rs 3 lakh as cost of medical expenses and another Rs 4 lakh as compensation for wrong treatment and gross medical negligence.

On the other hand, the concerned doctor submitted that the petition had been filed with a view to malign his name. He submitted that the patient had complaints of cough, cold and weakness, but no respiratory distress. Therefore, he had treated the patient as per homoeopathic practice and ascertained double precautions. He further claimed that various tests showed that the condition of the patient was improving. 

Further claiming that the medicines that had been administered to the patient were correct, the doctor claimed that there was no medical negligence on his side. He further submitted that since he never detected any complaint of chest pain, he did not feel the requirement for conducting chest X-Ray.

Therefore, it was argued by the doctor that a doctor cannot be termed to be negligent if he acts in accordance with the standard practice. He also claimed that the patient did not follow up regularly, remained absent and did not cooperate properly.

After considering the submissions of both the sides, the consumer court also perused the medical records to note that "...it appears that, Dr. Mohanty did not take the complainant’s case seriously. As it was seen that the victim was not responding to his treatment, the doctor could refer her case to other physician."

The Commission noted that at the initial stage, the patient had symptoms of high fever, chest pain and respiratory distress and for the same, the patient received normal medication. At this outset, the Commission observed, "The doctor did not suggest for any test. Only homoeopathic medicines were administered. The patient’s condition was deteriorating. At this juncture, it is pertinent to mention that, the patient needed more care. The doctor noticed that the condition of the patient was becoming worse; she is not responding to his treatment, the doctor should have taken steps. If the patient would have been referred to another doctor, the patient’s treatment might be started in a new direction. The complainant and her family members failed to understand that the patient should be treated by other doctor. The patient was shifted to other doctor, but it was late."

Finally on November 1, the patient was referred to another doctor, who advised for hospitalization. Thereafter, the patient hot admitted to KPC Hospital and later to CMRI hospital. The Consumer court noted that the discharge certificate of KPC Hospital mentioned that the right side of the face of the patient was affected by oral cancer, fever continued for last two months, she needed nebulization etc.

After being admitted to CMRI hospital, the patient expired on November 10, 2013. The discharge certificate mentioned the immediate cause of death as Sepsis with multi-organ failure and the antecedent cause of death was Disseminated Tuberculosis. In CMRI, numerous tests were made. It revealed that, she had bronchitis.

Taking note of this, the District Commission opined, "Had she been treated earlier, she could have survived."

Taking cognizance of the suffering of the distressed mother, who lost her daughter for "sheer negligence of the treating doctor G.K. Mohanty", the consumer court also noted that the complainant had to spend around Rs 3 lakh for the treatment of her daughter.

"But it is a matter of great regret that her daughter died after a battle of 7 months (from May to November 2013). The complainant tried her best to give her daughter a good medication and treatment. But with no result. She went to the doctor G.K.Mohanty, who was a homoeopathic doctor. He treated the complainant’s daughter, but his treatment was not satisfactory. He did not treat seriously. Seeing his patient’s (complainant’s daughter) deteriorating condition, the doctor treated her for six months for earning money. By that time, the patient’s condition was out of control," opined the consumer court.

"The complainant lost her daughter for wrong treatment and the medical negligence of Dr. G.K.Mohanty. The complainant was harassed by Dr. G.K.Mohanty. She spent time in mental agony but never got a right advice from her doctor. Hence, the complainant is entitled to get relief as prayed for," the commission further opined.

With this observation, the Commission directed the concerned homoeopathic doctor to pay Rs 3 lakh with 10% interest p.a. with effect from 01.05.2013 to the complainant (the mother of the deceased patient) as medical expenses within 60 days from the date of order. Besides, the doctor will also have to pay another Rs 50,000 for wrong treatment and gross medical negligence and another Rs 20,000 as cost of litigation.

To read the order, click on the link below:

https://medicaldialogues.in/pdf_upload/west-bengal-south-24-parganas-medical-negligence-196524.pdf

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