At, West Bengal State Consumer Disputes Redressal Commission Kolkata
By, THE HONOURABLE MR. JUSTICE ISHAN CHANDRA DAS
By, THE HONOURABLE MRS. SAMIKSHA BHATTACHARYA
By, MEMBER & THE HONOURABLE MR. SHYAMAL KUMAR GHOSH
For the Appellant: Somnath Gangopadhyay, Advocate. For the Respondent: Sayantan Bose, Partha Pratim Naskar, Advocates.
Ishan Chandra Das, President
The IA bearing No.998 of 2019 in connection with Complaint Case 227 of 2013 has been filed by the Complainant with prayer for experts’ opinion in respect of treatment of the disease in question for proper adjudication of the Complaint Case.
Ld. Advocate for the Complainant submits that for proper adjudication of this Complaint Case and to reveal the actual state of negligence of the treating doctors and the hospital, it is necessary to refer all the medical documents before any Medical College and Hospital for obtaining opinion about the negligence.. He also submits that as per the observations of the Hon’ble Supreme Court as well as the orders passed by the Hon’ble National Commission, in a case of medical negligence an experts’ opinion is necessary to determine the extent of negligence whether it is deliberate or want of knowledge of medical science.
Ld. Counsel for the OPs raised objection.
Heard the ld.Advocate for the petitioner. Considered his submissions and perused the materials on record.
The complicated issues of the Complaint Case necessarily require opinion of medical-experts having specialization in the medical treatment . In this connection, reliance is placed on a decision of the Hon’ble Supreme Court in Ramesh Chandra Agarwal –Vs- Regency Hospital Ltd., reported in (2009) 9 SCC 789.
In view of the foregoing facts and circumstances of the case the Superintendent of SSKM Hospital & IPGMER, Kolkata is requested to form a committee of Doctors specialized in the field of disease concerned, to examine the documents , and to submit the experts’ opinion, preferably within two months from the date of receipt of this order.
Office is directed to send the copies of the Petition of complaint, Written version filed by the OPs and all other treatment papers and all relevant documents on reco
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rd to the Superintendent of SSKM Hospital & IPGMER, Kolkata at the earliest. Fix 26.3.2020 for report from Superintendent of SSKM Hospital & IPGMER, Kolkata. The IA/998/2019 is thus disposed of.