DR. ABUL HOSSAIN vs MAMUDA BIBI

The complainant, Mamuda Bibi''s husband-Shri Serajul Haque (patient) was treated by Dr. Abul Hossain, OP/petitioner on 8.5.2007 at his clinic, Suktabari Cooch Behar, for the complaints of severe diarrhea and abdominal pain. Patient was treated by giving IV fluids and kept in his chamber. The patient''s condition further worsened. Therefore, the OP referred the patient to MJN Hospital in Cooch Behar on 9.5.2007 at 4.30 a.m. but the patient died on the way to the hospital. The hospital issued a death certificate as patient died of Maningo-encephalitis. Alleging the wrongful treatment given by the OP and for earning money dishonestly with forged degree certificate, a complaint was lodged in the District Forum, Cooch Behar by the complainant and prayed for compensation of Rs.3,10,000/-.

The District Forum allowed the complaint and directed the OP to pay Rs.1,50,000/- compensation to the complainant. Subsequently, the State Commission also confirmed the order of District Forum. Hence, aggrieved by the order of State Commission, the OP preferred this revision petition.

Learned counsel for the petitioner/opposite party present. The respondent/complainant was already served, but not present during arguments. We have heard the learned counsel for the petitioner. He submitted that the OP was a qualified doctor, as a registered medical practitioner, under alternative medicine. He has brought our attention to the certificate issued by Institute of Alternative Medicine.

We have perused the medical record and written version of the OP filed before the District Forum. As per written version, the OP submitted that he has not treated the patient at all and never admitted the patient in his chamber. Whereas, upon perusal of the prescription it revealed that the OP administered treatment of Ringer Lactate R. L., Dextrose 5%, 4:4 SOS, Inj. Alplae 1 apm BD, Dizipilex -2 Ampul B.D., Metrogyl 400 + 1 tab BD at 6.30 p.m. on 8.5.2007 and it was admission in his Chamber.

After thoughtful consideration and perusal of evidence and material record, it is clear that the OP was not qualified. The certificate of Alternative Medicine did not specify about his qualification or his rights and duties etc. He was not registered with any Medical Council of India and was not supposed to administer allopathic treatment. On the other hand, the cause of death was certified by MNJ Hospital as , encephalitis, thus the OP failed to diagnose it and moreover, failed to refer the patient immediately to the higher centre, but ventured for administration of wrong treatment. It was neither first aid nor any emergency treatment . Thus, we are of considered view that it was an unpardonable medical negligence.

Accordingly, we confirm the well-considered order of fora below and dismiss the revision petition.