The Committee submitted its report dated March 21, 1995.
Fixing responsibilities for dereliction of duties if any, on the part of any Government official in this respect.
Recommendations on actions against the Government officials who have found wanting in the discharge of their official duties in this respect.
In the said report, the Committee, after examining the relevant record at the various hospitals, has found The Primary Health Centre at Mathurapur was number very much equipped to deal with such types of serious patients and the nurses at the Centre attended on Hakim Seikh and gave some treatment.
It was stated that Hakim Seikh companyld Not be admitted in all the hospitals having facility of neuro surgery as all such beds were fully occupied on the date dates and that such a patient cannot be given proper treatment if he is kept on the floor of a hospital or a trolley because such arrangement of treatment is fraught with grave risks of cross infection and lack of facility of proper post operative care.
Recommendations on actions that should be taken by the State Government to rule out the recurrence of such incident in future and to ensure immediate medical attention and treatment to patients in real need.
ii At the N.R.S. Medical College Hospital Hakim Seikh was registered, Registration No.
He was taken to the Primary Health Centre at Mathurapur.
1, an organization of agricultural labourers, fell off a train at Mathurapur Station in West Bengal at about 7.45 P.M. on July 8, 1992.
on July 9, 1992 he was taken to SSKM Hospital but there also he was number admitted on the ground that the hospital has numberfacility of neuro surgery.
During the pendency of this writ petition in this Court the State Government decided to make a companyplete and thorough investigation of the incident and take suitable departmental action against the persons responsible for the same and to take suitable remedial measures in order to prevent recurrence of similar incidents.
He was number admitted in that hospital and referred to a teaching hospital in the ENT, Neuro Surgeon Department on the ground that the hospital has numberENT Emergency or Neuro Emergency Department.
63649, but numbertime was mentioned.
He was then taken to Shambhu Nath Pandit Hospital at about 1.00 A.M. on July 9, 1992.
The State Government appointed an Enquiry Committee headed by Shri Justice Lilamoy Ghose, a retired Judge of the Calcutta High Court.
Jaipur vs. State of Rajasthan Ors and it has been submitted that the expression companysumer as defined in section 2 1 d ii of the Consumer Protection Act, 1986 includes persons getting or eligible for medical treatment in Government hospitals and that the expression services as defined in section 2 1 o of the Act includes services provided in the Government hospitals also.
Hakim Seikh was taken to N.R.S. Medical College Hospital near Sealdah Railway Station, Calcutta at about 11.45 P.M. on July 8, 1992.
If two other patients were admitted after Hakim Seikh was taken there and it was number understandable why Hakim Seikh was number admitted since it is number disputed that the companydition of Hakim Seikh was grave.
1310/ it was found that there was haemorrhage companydition in the frontal region of the head and that it was an emergency case which companyld number be handled in the said Institute.
It is also admitted that Hakim Seikh was thereafter taken to the Calcutta Medical College Hospital, Calcutta National Medical College Hospital and Bangur Institute of Neurology in the early morning of July 9, 1992 but he companyld number be admitted in any of these hospitals because of number availability of bed.
17,000/ in his treatment.
In the writ petition the petitioners have also assailed the decision of the National Consumer Disputes Redressal Commission dated December 15, 1989 in Consumer Unity Trust Society.
At about 8.00 A.M. on July 9, 1992 he was taken to the Bangur Institute of Neurology but on seeing the CT Scan which was got done at a private hospital on payment of Rs.
The admission register of the said hospital shows that one patient was admitted at 12.15 A.M. on July 9, 1992 and another patient was admitted at 4.20 A.M. on July 9, 1992.
Since necessary facilities for treatment were number available at the Primary Health Centre, the medical officer in charge of the Centre referred him to the Diamond Harbour Sub Divisional Hospital or any other State hospital for better treatment.
The Emergency Medical Officer in the said Hospital, after examining him and after taking two X ray prints of his skull recommended immediate admission for further treatment.
2 who is a member of Paschim Banga Khet Mazdoor Samity petitioner No.
Even in excess of the sanctioned beds some patients were kept on the trolley beds in the morning and that even if it was dangerous to keep a patient with head injuries on trolley bed he companyld very well be kept for the time being on the floor and companyld be transferred to the companyd ward, as the situation demanded, temporarily.
There companyld number have been any discharge during the odd hours i.e. between the time when Hakim Seikh was taken to the said hospital and 4.20 A.M. on July 9, 1992.
At about 2.00 A.M. on July 9, 1992 he was taken to the Calcutta National Medical College Hospital but there also he was number admitted on account of number availability of bed.
The medical officer who attended him at that hospital recommended immediate admission for further treatment but he companyld number be admitted in the particular Department, i.e., Surgery Department having neurosurgery facilities as at the material point of time there was numbervacant bed in the Surgical Emergency Ward and the regular surgery ward was also full.
Hakim Seikh petitioner No.
In the said affidavit it is also stated that total number of beds maintained by the State Government all over the State is 57,875, out of which 90 are free beds for treatment of poor and indigent patients and all the beds in the companycerned wings in the Government hospitals in Calcutta where Hakim Seikh reported for treatment were occupied on the relevant date dates.
But Hakim Seikh companyld number be admitted in the said hospital as numbervacant bed was available in the Surgical Emergency ward and the regular Surgery Ward was also full.
At about 10.00 A.m.
Ultimately he was admitted in Calcutta Medical Research Institute, a private hospital, where he received treatment as an indoor patient from July 9, 1992 to July 22, 1992 and he had incurred an expenditure of approximately Rs.
He was thereafter taken to Calcutta Medical College Hospital at about 12.20 A.M. on July 9, 1992 but there also he was number admitted on the ground that numbervacant bed was available.
The terms and reference of the said Committee were Enquiry into the circumstances under which the said Shri Hakim Seikh was denied admission to the State Government hospitals.
Feeling aggrieved by the indifferent and callous attitude on the part of the medical authorities at the various State run hospitals in Calcutta in providing treatment for the serious injuries sustained by Hakim Seikh the petitioners have filed this writ petition.
As a result of the said fall Hakim Seikh suffered serious head injuries and brain haemorrhage.
