[Resolved] West Bengal Medical Councail — Decaying matter of medical negligence for long 5 years.
EEzharul Hasan Ansari
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).
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.
Attached: Yours Sincerely
1) Detailed Case Summary sd/-
(Ezharul Hasan Ansari)
40A, A.N. Deo Path,
Purana Bazar, Titagarh
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
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)
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
Complaint marked as Resolved Aug 14, 2020