0
0
The National Consumer Disputes Redressal Commission (NCDRC) recently found a senior medicine specialist based in South Kolkata guilty of medical negligence. This was due to the wrongful administration of anti-TB drugs to a patient, resulting in severe liver failure.
Dr. Dutta from Kolkata has been instructed by the Apex Consumer Court to pay Rs. 25 lakh in compensation, along with 6% interest from the date of the case’s filing in 2017.
The decision was made after considering that the doctor initiated an anti-tubercular treatment as a therapeutic measure, despite test reports indicating the absence of tuberculosis.
In 2015, the complainant’s husband, who had been experiencing fever, cough, and vomiting, consulted Dr. Dutta. Following various tests, the doctor prescribed tuberculosis medication. After a week of continuous medication, the patient’s skin turned yellow, urine darkened, and his condition worsened significantly. Despite the patient’s complaints, Dr. Dutta allegedly dismissed these effects as normal and advised continued use of the medication.
The patient’s condition continued to deteriorate, leading to admission at KPC Medical College and Hospital, Kolkata. The treating doctor examined the reports and prescriptions provided by Dr. Dutta. They concluded that the patient did not have tuberculosis, and the prolonged use of tuberculosis medication had severely damaged his liver.
Despite further treatment at various medical centers, the patient’s condition did not improve, and he eventually passed away during treatment at Peerless Hospital and Research Centre. The cause of death, as stated on the Death Certificate, was “Sepsis with multi organ failure in a case of anti-tubercular drug induced acute fulminant liver failure.”
In response to this, the deceased patient’s wife filed a consumer complaint, seeking Rs. 17,01,905 in compensation, alleging negligence and irresponsible treatment by Dr. Dutta.
Dr. Dutta defended his actions, stating that he had diagnosed the patient with a lower respiratory tract infection. He provided details of the prescribed medicines and mentioned that a Montoux test had been advised and returned negative. He justified further tests based on the patient’s condition.
Dr. Dutta emphasized that the patient’s liver function tests were nearly normal, and it was unusual for hepatotoxicity to develop within seven days due to Rifampin and INH. He claimed that other factors may have contributed to the patient’s condition and denied any negligence.
The Apex Consumer Court reviewed the medical records, including prescribed drugs. It noted that the patient’s liver function was normal on 22.08.2015 but severely damaged on 24.09.2015, as a result of continuous consumption of Rifampicin Isoniazid.
The Commission determined that Dr. Dutta had acted on clinical suspicion rather than conclusive test reports, and should have referred the patient to a pulmonologist instead of prescribing anti-tubercular drugs. They held Dr. Dutta accountable for gross medical negligence, resulting in the patient’s unfortunate demise.
Referring to a Supreme Court order, the NCDRC emphasized that negligence involves a breach of duty, either by failing to do what a reasonable person would or by doing something unreasonable.
Consequently, the NCDRC directed Dr. Dutta to pay Rs. 25 lakh in compensation, along with 6% interest from December 2017. Additionally, Dr. Dutta was ordered to cover Rs. 50,000 in costs.
