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[Resolved]  West Bengal Medical Councail — Decaying matter of medical negligence for long 5 years.

Sub: - An appeal for justice in the matter of medical negligence. The complaint in lying before the WB medical Council since year 2004 (Complaint No C-40/2004).
Sir,
Most respectfully I Ezharul Hasan Ansari, S/o Amir Hasan of 40A, A. N. Deo Path, Purana Bazar, Titagarh, Kolkata – 700 119 on behalf of my father like to raise the following matter before you.
That, My father was a heavy vehicle driver. He got some cervical spine problem for treatment of that problem he visited Dr. S. Base. Dr Basu after going through the C T Scan ask for go for an operation which was done on 28.07.99. But after the operation my father became totally handicapped.
When we come to know about the wrong operation, we lodged a complaint C40/2004 in the year 2004 against Dr S. Basu before the Registrar (West Bengal Medical Council). But the Council do not go through the complaint properly and gave order in favour of the Dr. Basu that what he had done is not a medical negligence.
Then again we lodged an appeal before Additional Chief Secretary govt. of WB, Dept of H&FW, after hearing the matter the appellate authority had given order to reinvestigate the matter because he found all the fact submitted before him in written, was true and their was lack of justice in the order passed by medical council.
After that again the Council started their reinvestigation and we have asked to appear again before the panel and ethical committee for resubmission of our deposition. We appeared before the committee on 11th Sept 2008 and submitted our deposition.
Not only these but the West Bengal State Consumer Commission had also found this matter as a medical negligence matter and ask Dr. S. Basu to pay us compensation. But due to the wrong order passed by the state medical council on the basis of the order passed by state medical council Dr go for an appeal before the National Commission, which is also pending.
Now it is December 2009 and the committee is still delaying the matter by saying that they require more time for investigation. For long five year we are in search of justice but we did not receive the proper justice in this medical negligence matter from medical council.
So, I request your kind honour to look into the matter and pass necessary order to WB medical council to process the complaint as soon as possible and pass proper justice in the same matter as because we are afraid that the council is again going to pass wrong order due to either political or materialist pressure.
Fore this my whole family will remain ever grateful to you.
Thanking You.


Attached: Yours Sincerely
1) Detailed Case Summary sd/-
(Ezharul Hasan Ansari)
40A, A.N. Deo Path,
Purana Bazar, Titagarh
Kolkata 700119
Mail Copy Send to:
1) Registrar W B Medical Council



Detailed Case Summary

My father Amir Hasan was a heavy vehicle driver, he got some cervical Spine problem and due to that problem he visited Dr. S. Basu first time on 11.07.99, Dr. S. Basu advised to go for a C.T. Scan, which was done on 13.07.99 after going through C.T. Scan he given note in his prescription.
“C.T. Scan shows: - Cervical Canal Stenosis (the abnormal narrowing of Cervical Spine) C4-C5, and C6-C7 levels”
Adv: - (I) As above 7days (II) Admission under my care for operation

After that the operation was done on 28.07.99 at Ripon Nursing Home (Selected by Dr. S. Basu). But after operation my father became totally handicapped then, Dr. S. Basu referred my father to Dr. Dipesh Kr Mondal at Medical Collage, they asked to go for an MRI Scan. MRI Scan was done on 28.04.2000. From Medical collage they also asked us about medical summary but when we asked about the summary to Dr. S. Basu he told that he will not give us any summary if required he will give that in Court. Then Dr. Dipesh Kr Mondal referred my father to Dr. Swapan Kr. Mondal after going through the MRI he cleared that the Dr. S. Basu had done operation at wrong place.
Due to that we lodged complain against Dr. S. Basu to West Bengal Medical Council. After going through the case the panel came to the decision that “A small percentage of patients after operation by the approach, which Dr. Basu has taken, may deteriorate post operatively and a repeat surgery is necessary for the complication. After the second operation the patient improved and regained the power of muscles. Therefore, the operation performed by the Dr. S. Basu is justified and the complications are well know. As such, there is no negligence on the part of Dr. S. Basu. Accordingly, the West Bengal Medical council on[protected] after considering the said complaint case, decided not to proceed further in this regard.
But the council does not go through the case practically but given order according to what written in books, council does not go through what Dr. S. Basu has done on the body of patient. The council does not go through the case practically but given order according to what written in books, council does not go through what Dr. S. Basu has done on the body of patient.
So, we again lodged an appeal before the Additional Chief Secretary govt. of WB, Dept of H&FW, after hearing the matter the appellate authority had given order (HS/O/FW/59/CR-JS(FW)-2008), to reinvestigate the matter because he found all the fact true which was submitted before him in written and lack of justice in the order passed by medical council.
So, we again asked to submit the deposition before the panel and ethical committee. As we have submitted all the points before the appellate authority once more we submitted the facts and points which leads the committee toward the right path for proper justice on 11th Sept 08 at Sambhunath Pandit Hospital.

To prove our allegation against Dr. S. Basu we need to go through only 4 medical papers.
1) C.T. Scan Report (Before Operation)
2) Discharge Certificate from Ripon Nursing Home
3) MRI Scan Report (After Operation)
4) OPD Ticket of Medical Hospital





What C.T. Scan Report Says?

a) Congenital (disease or physical abnormality present form the birth) fusion (the process or result of joining two or more things/vertebra to form a single entity) of C2 and C3 level with reduction of C5-6 disc space.
b) Posterior (back in position) disc Prolaps (slipping down or forward of one of the parts or organs of the body) noted C4-5, C5-6 and C6-7 disc level
c) Epidural (outside of dura (outermost embrace enveloping the spinal chord)) fat and Dural Sac Impingment noted at C4-5 to C6-7 disc level
d) Canal APD at C5-6 and C6-7 level are 6mm

IMPRESION
i) Congenital Fusion of C2 and C3 Vertebral bodies
ii) Posterior Disc Prolaps C4-5 and C6-7 level
iii) Thecal Sac Impingment at C4-5
iv) Canal (Spinal Canal) Narrowing at C5-6 and C6-7 levels
v) Biletral (relating to two sides) Neural Forminal (means nerve hole, the neural formina is the hole through which nerves leaves the spinal chord and radiate out of the spine to body) narrowing at C4-5 to C6-7 level

After going through the C.T. Scan Report it is clear that, their was Neural Forminal narrowing (due to epidural fat) at C4-5 to C6-7 level. To remove that pressure from C4-5 to C6-7 level which Dr. Basu had found in the C.T. Scan. Dr. Basu asked to go through for and operation and operation was done by him on 28.7.99.

What Dr. Basu has written in his discharge certificate?

1) Under: - Dr. S. Basu
2) Diagnosis: - Cervical Canal Stenosis (the abnormal narrowing of cervical spine) C4-C5 levels and C6-C7 level.
3) Management: - Operated under G.A. (General Anesthesia) with laminectomy (a surgical operation to remove the back of one or more vertebrae, usually to give access to the spinal chord to relive pressure on nerves) of cervical spines.

As mentioned earlier Dr. Basu found the problem at C4-5 and C6-7 levels and done laminectomy of cervical spine at C4-5 and C6-7 levels. But after MRI Scan it became clear that Dr. Basu has done negligence and done operation at wrong place which make my father handicapped.

What MRI Scan Report Says

1) Congenital fusion of C2 & C3 Vertebrae (same as C.T. Scan)
2) C5-6 level canal APD is 7mm (same as C.T. Scan)
3) C6-7 level canal APD is 6mm (same as C.T. Scan)
4) Evidence of Posterior laminectomy is noted at C2 to C4 level (But Dr. Basu has written in his discharge certificate that laminectomy was done at C4-C5 and C6-C7. (As he got the problem at the same level)
IMPRESSION
a) Congenital Block Vertebrae at C2,C3 level (Same as C.T. Scan)
b) Cervical Spondylosis
c) Neural Forminal Narrowing at C3-4 (left) C4-C5 to C6-C7 levels (Same as C.T. Scan)
d) Focal Cord Lesion (a region in an organ or tissue which has suffered damage through injury or disease such as a wound, ulcer, tumor etc)
e) Compressive mylopathy (disease of Spinal Chord)

Hence after going through MRI Report it became crystal clear that, Dr. Basu has written in his discharge certificate laminectomy was done at C4-C5, C6-C7 levels but in real Dr. Basu has done laminectomy of C2 to C4 levels that was not required. The main requirement was to remove pressure from C4-5 to C6-7 levels but that place also remain same in MRI Scan as found in C.T. Scan hence the place was untouched. The APD canal size is same as found in C.T. Scan that is 6mm. As well as during the operation Focal cord was damaged at C4 level by Dr. Basu.
So, laminectomy at wrong place, and focal cord lesion make my father handicapped as well as the operation required place was untouched which also cause problem on my father body. Now from neck to toe his total body is damaged, he got heart problem, stone problem but Dr’s of R.G. Kar Hospital had mentioned clear that his body is not working properly and his operation is a high risk operation.

What Dr. Swapan Kr Mondal has written in his OPD.

As well as medical collage Dr. Swapan Kr Mondal has already mentioned in his OPD ticket that “Patient has been operated outside incomplete” i.e. Patient has been operated outside from the location which was required that is incomplete.

Not only these records but the observation and comments of the expert obtain by the panel & Ethical committee form Dr. R. N. Roy also reported that “ The rationale of Posterior Decompression limited to C2,C3,C4, were narrowing of Spinal Canal was evident at C4-C5, C5-C6,C6-C7, level remains unclear. (We found the statement in the order of additional chief Secretary)
The Additional chief secretary had also given order that the compliant was not justified properly so to reinvestigate the matter.
The West Bengal State Consumer Disputes Redressal Commission also given order in the same matter and found this case as a medical negligence and as well as found the doctor negligent in his part which made my father handicapped.
So, From going through these papers it became crystal clear to understand that Dr. Basu has done Negligence. He has done such operation for which he is not a qualified person. He already written that he had done operation at C4-5 and C6-7 levels but from MRI it is clear that operation was done at C2 to C4 level, which caused disaster in our family life by making my father handicapped. But we are unable to understand why the panel has taken such decision because in this complaint there are so many evidence that are against to Dr. Basu.
And still after 5 year we are in search of proper justice from West Bengal Medical Council.

End of the Statement
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Complaint marked as Resolved Aug 14, 2020
Complaint comments  3 CommentsShareTweet

Comments

TO WHOM IT MAY CONCERN DATE: 18/04/2010

This is to certify that medical treatment of our country is very poor. Doctors are waiting to receive excessive professional fees without recover illness. They have a tendency to capture the patient for a long time. They apply more suspected sample based medicines that have a side effect and harm the patient. Patients are waiting for a long time to meet with a doctor, where as there is no discipline at all. Mr. Shibsankar Bhatta of Berhampore has also a bitter experience of such doctor’s treatment like Dr. Amitava Mukherjee, Kolkata and Dr. Kali Sankar Dutta, Berhampore continuing their treatment for ten months and twelve years respectively. He is a patient of mental depression and lost everything without any improvement

NOW I WANT JUSTICE

MRITYONJOY
To
The Chief Operating Officer,
Calcutta Medical Research Institute,
7/2 Diamond Harbour Road,
Kolkata-700027. Date: 13.7.2010

Sub: Bitter Experience of treatment of my wife at CMRI

Sir,

I would like to share my recent experience in your hospital where my wife namely Smt.Rajashri Bhattacharya was admitted based on the referral letter dt.29.6.2010 issued by my employer namely Hindustan Paper Corporation Ltd. who has a Corporate Tie-up with your hospital since more than the last 20 years. My wife had been treated by Dr. Anirban Chatterjee, Dr.Tarunendranath Lahiri Majumdar and Dr.Gouri Kumar Prusty of your hospital during her stay from 28/6/2010 to 1/7/2010.

Now I would like to mention some of the following points one by one:

1. Colonoscopy and Endoscopy had been performed without prior preparation of the patient. Dr. Anirban Chatterjee did colonoscopy and endoscopy of the patient on 28.6.10 at about 5 PM in the evening whereas the patient was admitted in the hospital on the same day at 1:32 PM in the afternoon. Gastric lavage had been given but unfortunately they had not given sufficient time and allowed the patient to clear the bowel properly as because the concerned doctor himself was in hurry. The requests made by my daughter and her father-in-law both of whom are also Medical Practioners to Dr. Anirban Chatterjee not to perform the colonoscopy and endoscopy as the patient is not prepared since empty stomach. But somehow Dr. Anirban Chatterjee did not bother in any means. Patient had to suffer a lot of pain during the procedures of those examinations as we know that these all are very invasive and painful ones to perform. But the outcome appears a big zero. Very certainly the colonoscopic findings are so unambiguous (as it shows faecal matter in some of the plates) that they could not be able to locate any local pathology except dome haemorrhoids.

Later we came to know that Dr. Anirban Chatterjee would take few days leave for his personal purpose from the next day. That is why he did the entire things in such a way.

Dr. Anirban Chatterjee handed over his case to Dr. Tarunendra nath Lahiri Majumder. On the third day Dr. Lahiri Majumder told us to perform the same painful procedures once again to point out the exact location of any internal affection. We just watch and observe his brutal attitude towards the patient. Our patient is very much sensitive but the Doctor did not give any concern to this point. He just told us to give the permission of doing the same and rest of the things he will manage i.e, how to tackle the sensitive patient. I was spellbound!!

2. Not only this but also they suddenly inform us over phone on 29th June 2010 that urgently blood transfusion had to be given as the blood Haemoglobin of the patient was 7.9 gm% at that time. My daughter Dr. Priyanka Chatterjee instantly denied the matter as she knows by her experience that 7.9 gm% is not so much urgently crucial for transfusion whereas this can be managed by conservative method. Keeping in mind the hazards of blood transfusion she had to take that decision as the concerned patient was her mother. But they insisted to give the transfusion as early as possible to avoid any shock or other complications. We just want wait for a few days and to see if there is any improvement was there by giving Iro supplements.

The Attending Doctors neither properly diagnosed the patient nor solved sufferings of the patient like breathing problem as well as water storage at chest and lower abdomen etc. and as a result I was compelled to take release of my wife on 1/7/2010 without much recovery in her health condition.

This is my humble request to investigate the matter and take necessary action so that in future patients referred by my employer(HPC) may not get the similar treatment at your hospital.


Yours faithfully



KAMAL BHATTACHARYA
Employee No.0856
HINDUSTAN PAPER CORPORATION LTD


cc:Dy.G.M(HR&ES), HPC-for kind information please.
To
The Chief Operating Officer,
Calcutta Medical Research Institute,
7/2 Diamond Harbour Road,
Kolkata-700027. Date: 13.7.2010

Sub: Hospital treatment

My father was admitted to CMRI hospital in Kolkata . He was suffering from Sickle cell Anemia and had gone very weak .
The hospital on the day of admission took full care and showed hospitality . But would happen after that we could have never thought .The hospital has shown its reality that it is running a business and are only interested in taking up new patient and sucking money out of them. In this world where doctors are treated equally to God and the profession which they are into should be done with compassion and care is a mere business now. Even Butchers show more compassion when killing an animal.

INSIDE THE ICU : (HOW PATIENTS ARE TRETATED)
1. First time, I saw in ICU of a hospital that people are allowed to enter in slippers without any mask, aprons etc. They are allowed to make noises and rush through. Can anyone imagine this scenario where a patient was kept in ventilator.
2. The Nurses used to pinch my father’s body hard to give the oral medicine when he was sleeping. And to the level he got so scared that anyone who touched his body he would open his mouth unconsciously.
3. His hands were tied to sides of bed . This was done to person who was weak to even lift his hand. And tied so hard that blood clotted on the places it was tied.
4. Since he was put on ventilator, He could not speak and did only gestures to explain his needs. The nurses are taught to be ruthless here as they only replied “Shut Up. I Can’t understand what you are trying to say” . Hardly did anyone to take any effort to understand the needs of the person. We could understand his gestures when visiting but the nurses could not.
5. Blankets were mercilessly dumped upon him when he asked for extra one as he felt cold.
6. The blankets were tucked in so hard that he didn’t even have a centimeter to move .
7. The moment he died immediately all clothes were pulled off his body saying that it is hospitals property.

So, there was no care and compassion in the nurses and they were just completing their duty hours anyhow . This was a general complain I got from every other patient’s relative.

ABOUT THE WAY OF TREATMENT
1. My father was being attended by a Hematologist who after observing him once, went sick and was admitted to hospital himself. For one week there was no other doctor in his place and hospital took no responsibility to bring any temporary doctors. We kept running everywhere but not a single action was taken. This was the treatment to a patient who was critical.
2. On day 2, my father had internal bleeding which was not even noticed and medicine was administered after 5 hours of continuous blood loss. & This was only done when my mother noticed the blood on bed sheet in the visiting hours. The shift nurses said that she had reported but Doctor (Anirban Chatterjee) didn’t take any action.
3. He continuously administered high dosage of antibiotics that there were big blisters all over body but he did not notice even one. He didn’t even cared to see any reactions on body. Anyone can tell that strong dosage cannot be given to a weak body except the doctor.
4. In ICU, is it not imperative that doctors themselves are supposed to update the relatives about the status . After waiting in hospital for 12 hrs, continuously for 4 days, We could meet doctor (Anirban Chatterjee) after chasing down . Even without seeing the reports he told that progress was not good (More or less like shooing off) . He came on his will and wish to hospital and sometimes did not also. There were so many patients waiting for him but he did not pay heed.
5. He was also under a Gastroenterologist ( Anirban Chatterjee) who from the day of admission told that please don’t keep hope . Isn’t it the moral responsibility of doctors to say some kind words at least to patient and relatives to keep up the spirits. I believe half the magic happens when doctor’s keep the patients motivated with encouraging words.

It is a request to all that, please visit the hospital prior to admitting a patient, Look at the facilities and do a bit of research on the treatment because there are leeches everywhere who want to suck money. My complain is more against the way of treatment rather than the treatment. I lost my Father and he had to die a very painful death . He had walked in the hospital but came out in death bed in a week. I really regret coming to this Hospital It was our bad that he went so weak after bringing here that he was not in a condition to be shifted to other hospital. (Also, within a week 3 other patient in the ICU lost their lives. And Hospital ensured that they sucked maximum possible money by putting maximum equipment’s before he dies )and Please if you love your near and dear ones I will not advise anyone to come to this hospital. This hospital is just another crematorium where money is sucked and people lose their lives. I’ve been to government hospitals but this is way far worse hospital that I’ve ever seen. The ICU where they charged 7000/- per day for the bed is equal to a general ward in a government hospital.
It is a request for the administration to get a reality check of hospital.

Regards,
Swetabh Bage

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