Ms. Narinder Kaur w/o Sh. Raghbir Singh r/o H.No.1080, Sector 40-B, Chandigarh.



…..Complainant.

Versus



1- Dr. Ajay Abrol, Consultant, Plastic Surgeon, Satguru Partap Singh Apollo Hospitals, Sherpur Chwok, Ludhiana.

2- Satguru Partap Singh Apollo Hospitals, Sherpur Chowk, GT Road, Ludhiana, through its Managing Director/Director/General Manager/Incharge.

…..Opposite parties.



O R D E R

T.N. VAIDYA, PRESIDENT:


1- In this case, allegations of medical negligence by opposite party no.1, a doctor in hospital of opposite party no.2, were referred to Medical Board of DMC & Hospital, Ludhiana, in view of direction of the Hon’ble Supreme Court in case Martin F. D’Souza Vs. Mohd. Ishfaq, civil appeal no.3541 of 2002 decided on 17.2.2009. The Medical Superintendent of that hospital constituted a board of doctors, consisting of Professor & Head, Department of Plastic Surgery and himself (Medical Superintendent). After going through the record, they vide report dated 27th August, 2009, reported that treatment rendered to the complainant by opposite party, was not wrong and no negligence was found during treatment of the patient.

2- This report was objected by Ld. counsel for the complainant and consequently, we heard him. His first grouse was that in view of the Supreme Court directions in the aforesaid authority, report of expert doctor was required to be obtained from some government hospital. Whereas, the report is from the private medical institute. Therefore, can not be considered. We may say that initially, we had referred this case alongwith record, for obtaining expert opinion, to Civil Surgeon, District Hospital, Ludhiana. But he retuned the reference, on round that that there was no specialist of plastic surgery, so it won’t be possible for them to constitute a board of doctors specialized in this case. It was on receipt of such report that the matter was referred to the Medical Superintendent of DMC & Hospital, Ludhiana. In view of such aspect, we find no force in contention of the complainant that report of DMC & Hospital, Ludhiana, can not be looked into.

3- Further argued that before submitting report, doctors of DMC & Hospital, Ludhiana, never personally examined the patient. We had not required them to examine the patient, before giving opinion qua negligence. To comply with directions of the Hon’ble Apex Court, we had sent entire medical record of treatment of the complainant, for obtaining expert opinion. So, we feel we have rightly complied with the directions. There was no need to get the patient examined from the board of doctors, before obtaining their opinion.

4- As no negligence in treatment of the complainant, was found by board of doctors, so we don’t admit this complaint. Same stands dismissed.