Medical Negligence
Brief of the case
1. My wife Sujata Chatterjee, aged around 43 yrs, underwent treatment at Surgy Centre, Behala, Kolkata under Dr Bani Kumar Mitra.
2. After evaluation & counslleing, Dr Mitra opted for IVF with Donor Ovum (DO). Embryo Transplant (ET) was done on 29.4.2013.
3. The first ET was successful, she became pregnant. Her expected date of delivery was 17.01.14.
4. After several investigations and USG, Dr. Mitra referred to Dr. B B Dutta of Durgapur for further treatment required during pregnancy.
5. Accordingly, from the month of July’13, my wife was treated by Dr. B B Dutta.
6. In our 3rd / 4th visit to Dr. Dutta, I (husband) specifically asked him in which centre he would opt for delivery. In reply, Dr. Dutta told me that he is attached with The Mission Hospital (only super speciality hospital in Durgapur), Vivekananda Hospital, Durgapur City Clinic & Nursing Home etc. If patient is serious, he would opt for The Mission Hospital. I gave my consent on that day and told that I am agreeable what he think better for the patient.
7. During several visit to Dr. Dutta, Dr. Dutta himself had done several USGs. As per his advice, several blood tests were done.
8. As per advice of Dr. B K Mitra, ECG & ECHO done in the month of Sep’13 under Dr. S C Mondal. Report was found to be normal. These reports were shown to Dr. B K Mitra as well as Dr. B B Dutta.
9. During total pregnancy period, no complications had ever been intimated to me by Dr. Dutta, the treating doctor.
10. As per advice of Dr. B B Dutta & Dr. Konkon Mitra (wife of Dr. B K Mitra), my wife regularly attend her duty (office job).
11. However, on 03.12.13, my wife felt uneasy. I along with my wife went to Dr. Dutta’s chamber in the evening. Dr. Dutta advised pantoprazole injection and told that it would be better to take the injection at Durgapur City Clinic & Nursing Home. He wrote in the prescription to admit my wife on 16.12.13 at 8 AM. But verbally he told me that prior to admit her at Durgapur City Clinic & Nursing Home, he would like to see the patient. He advised complete bed rest.
12. Injection was taken at Durgapur City Clinic & Nursing Home on 03.12.13 evening. As advised my wife took complete bed rest and take leave from her office
13. From afternoon of 04.12.13, my wife felt comfortable. As per advice, she again resume her duties few days later.
14. She attended her duty even on 224.12.13.
15. On 26.12.13, she noticed about water breaks. As earlier advised by Dr. Dutta on 03.12.13, she was immediately rushed to Durgapur City Clinic & Nursing Home. After getting consent from Dr. Dutta over phone, she was admitted to Durgapur City Clinic & Nursing Home at about 7 AM.
16. Dr. B B Dutta after seeing my wife called me at about 9 AM. He told me that he will opt for c-section at 1-1.30 PM and asked me to arrange for a blood donor. No risk factor had been told by the doctor at that moment also.
17. At about 1.30 PM, Dr. Dutta came to Durgapur City Clinic & Nursing Home. At about 2.10 PM, I saw the baby girl born to my wife.
18. At about 4 PM, Dr. Dutta called me inside the OT complex and told me that Blood Pressure of my wife is now decreasing and she has breathing problem. He enquired whether my wife has previous history of breathing problem. I told him NO. Being a non-medical person then I asked him whether it is normal? He replied that it is not normal. In reply, I told him to think of alternative centre for better treatment. He told me that he will see. I saw my wife in the Recovery Unit inside the OT complex with oxygen mask on her face and saline drip. Dr. Ghosal, the anaesthetist is also present in the Recovery Unit.
19. At about 5 PM, Dr. Dutta again called me inside the OT complex where I saw my wife. No oxygen mask but saline. Dr Gosal & Dr. Dutta was present there. On being asked, my wife told her name and gender of the child and also recognizes me. Dr. Dutta told me that patient is now stable and asked me wait in ground floor. Thereafter Dr. Dutta left the Durgapur City Clinic & Nursing Home.
20. After visiting the new born baby at 5.30 PM, my mother-in-law and my elder sister went to meet my wife at the Recovery Unit. They saw her with oxygen mask on her face. Inspite of that she told her mother several times not to come again because her mother leaves alone. She also told that she is hungry and feeling pain. She already breastfeed her child and also adores her newborn baby.
21. At about 7 PM, I went to OT complex to enquire about the health condition of my wife where one of the sisters told me that patient is ok & sleeping now. She also told me that my wife again breastfeed her child in the meantime.
22. Dr. Dutta again came Durgapur City Clinic & Nursing Home at about 8 PM.
23. While Dr. Dutta was returning home from Durgapur City Clinic & Nursing Home at about 9.30 PM, I enquired him about health condition of my wife. He told me that patient is now better and will be shifted to ward in the next morning without indicating any seriousness of my wife’s condition. Then I left the Durgapur City Clinic & Nursing Home.
24. At 5.50 AM on 27.12.13, Mr. Soumen of Durgapur City Clinic & Nursing Home gave a call to my mobile, informed that my wife’s condition suddenly deteriorates since 3 AM and now shifted to Critical Care Unit (CCU). He told me that doctor advised him to inform me and asked me to come immediately.
25. I rushed there & reached Durgapur City Clinic & Nursing Home at about 6.05 AM and saw m wife in the CCU. Dr. Dutta told me there that my wife’s heart has failed and needs to be shifted to The Mission Hospital. I told him to do fast. He told someone to call the ambulance of The Mission Hospital.
26. After 15-20 minutes, Dr. Dutta again came out from the CCU and told that condition of my wife is grave; CPR has already started and cannot be shifted to The Mission Hospital. He asked me to come inside to see my wife. I went inside the CCU, saw her, someone pressing her chest. I could not able to see her anymore and rushed outside. Ultimately they declare her dead at about 7 AM.
27. I lost everything and devastated.
28. Later on I visited to Dr. Dutta’s chamber to know what happens on that day.
29. Dr. Dutta told me that he was informed (over phone) at 11.45 PM on 26.12.13 about condition of the patient by the concerned person of Durgapur City Clinic & Nursing Home.
30. He told me that he received a phone call at 3 AM on 27.12.13 from Durgapur City Clinic & Nursing Home that patient is suffering from pain and breathing problem. He went there, gave her Fortwin injection and stay there upto 4 AM. Since he found no seriousness, he returned to his home. On being asked, he told me that pain was on right thigh and it is not unusual.
31. Dr. Dutta told me that again at about 5 AM he received a call from Durgapur City Clinic & Nursing Home that patient is suffering from severe pain which he also able hear from the phone call. When he went to Durgapur City Clinic & Nursing Home, he saw the indications of cardiac shock of my wife. Then he told the Durgapur City Clinic & Nursing Home authority to call me. I asked him that I saw oxygen mask on my wife’s face at 4 PM, without oxygen mask at 5 PM and my relatives saw her with oxygen mask at 6 PM. Why so? He told that supply of oxygen was given to her intermittently after 5 PM and ultimately withdrawn. He also informed me that my wife had also breastfeed her baby at 1.30 AM on 27th and had a talk with the sisters present there. On being asked about cause of sudden death of my wife, he told me that he does not know the cause. He also told me that he did not get a chance. He also told me that during pregnancy period he did not notice any complications. Dr. Dutta told me that my gain her consciousness 50 minutes after c-section which is not normal. One fact he told during this discussion that CCU of the Durgapur City Clinic & Nursing Home was closed on that day due to absence of Critical Care doctor.
Some unresolved queries :-
Question 1. If patient’s condition was serious, why Dr. Dutta decided to deliver at Durgapur City Clinic & Nursing Home when I gave him liberty to take anywhere he required? I admit my wife to Durgapur City Clinic & Nursing Home at about 7 AM, he saw her at about 8.30 PM & decided to opt for c-section at 1-1.30 PM. Thus it is not emergency c-section and if required, patient can be shifted to The Mission Hospital easily (only around 6 km away & only super speciality hospital located nearby) or any other centre.
Is it because Durgapur City Clinic & Nursing Home is near to his home or other reasons?
Question 2. If patient condition is not normal as told to me at 4 PM, why he not shifted my wife to centre with better facility? I gave my consent then also and gave him full liberty.
Question 3. As per Dr. Dutta & Dr. Ghosal, patient condition is stable at 5 PM. Was there any indication of seriousness at that time? If yes, why he left the Durgapur City Clinic & Nursing Home? If no, why such sudden cardiac arrest in the morning of 27th as told by Dr. Dutta?
Question 4. If patient condition is better at 9.30 PM, why such sudden cardiac arrest in the morning of 27th as told by Dr. Dutta? Is there any indication of seriousness noticed then? If so, why Dr. Dutta left Durgapur City Clinic & Nursing Home and also not informed me.
Question 5. Is it possible for a serious patient recuperating after c-section to breastfeed her newborn baby several times on that day?
Question 6. Why Dr. Dutta or Durgapur City Clinic & Nursing Home authority informed me at 3 AM on 27th when condition of my wife deteriorates (as per their version)? Why not then immediately shifted my wife to The Mission Hospital?
Question 7. As per Dr. Dutta, he noticed that patient has suffered cardiac shock at 5 AM on 27th, why not then immediately shifted her to The Mission Hospital? Why he took more than an hour to decide to shift her to The Mission Hospital although I gave my consent to do so on 26th (at about 4 PM), if required?
Question 8. Is it true that Dr. Dutta did not know the probable cause of sudden death?
Question 9. Why no fee was taken by Dr. Dutta, Dr. Ghosal, Durgapur City Clinic & Nursing Home authority for c-section operation? I never asked concession or anything from them? Then, why?
Question 10. When Dr. Dutta knows that CCU of Durgapur City Clinic & Nursing Home was closed on 26th, why he not immediately shift the patient to other centre for better care at 3 AM on 27th?
Question 11. Is it possible to close or open the CCU at the sweet will of Nursing Home? Is it not mandatory to run the CCU 24 hrs in a day?
Question 12. Dr. Dutta told me that CCU was closed on 26th. But when I saw my wife at CCU on 27th morning, there were at least 2 patients in the CCU. How it is possible?
Question 13. Dr. Dutta told me that there was no cardio specialist there in the morning of 27th and there was no cardiac unit in Durgapur City Clinic & Nursing Home. Then why he took more than an hour to make his decision to shift her to The Mission Hospital?
Question 14. Dr Dutta told me that he did not get any chance whereas he told me that he was at Durgapur City Clinic & Nursing Home from 3 AM to 4 AM on 27th and again attended the patient at 5 AM. Also he was informed about status of the patient on 26th at 11.45 PM. Is Dr. Dutta’s statement not contradictory and confusing?
Other relevant information :-
As per unofficial information gathered by me from persons attached with Durgapur City Clinic & Nursing Home, my wife expired at about 3 AM due to gross negligence of Durgapur City Clinic & Nursing Home but I have supporting documents to prove that. Dr. Dutta knows everything but due to some other reasons suppress the facts. Other persons associated with the Durgapur City Clinic & Nursing Home and have knowledge of the incident are afraid to come out.
In order to cover up the mess, Durgapur City Clinic & Nursing Home authority has returned the money (Rs.10000) deposited during admission of my wife on 26.12.13 and not take any amount from us when we took our baby from Durgapur City Clinic & Nursing Home on risk bond. Though I proffer them to pay the requite bills at the time of discharge of my baby on 28.12.13 and never demanded any concession or any financial assistance from Durgapur City Clinic & Nursing Home.
I am devastated, ruined. I am not able to fight against this type of gross medical negligence. But, if anyone has the courage and dedication, he/she can take the case to ensure non recurrence of such type of negligence in future in any nursing home or hospital.