Allegation of the complainant/petitioner is that her husband was diagnosed with obstructive jaundice and cholecystitis.  He was admitted in the Calcutta Medical Research Institute – Respondent No.1 on the advice of Dr.Ashish Kumar – Respondent No.2.  Deceased, who was lawyer by profession, gave his consent to undergo the surgery of the abdomen.  After the surgery, complainant’s husband was kept in ICU and, thereafter, in a room.  Later on, the patient developed septicemia resulting in severe pain causing deterioration in health.  Patient died later on.  Complaint was filed with the allegation that the respondent should not have performed the operation and that consent was obtained from the patient by taking his signatures on blank papers.

          District Forum, as well as the State Commission, have come to the conclusion that as the patient was a lawyer by profession, it could not be assumed that he had given consent for operation by signing on the blank papers.  Petitioner failed to produce any expert evidence.  As against this, respondents have filed the affidavit of 7 doctors of repute, who had opined that under the given circumstances, operation was required to be performed.

          Findings recorded are findings of fact.  Petitioner failed to adduce any evidence to show that the respondent was guilty of medical negligence in performing the operation.

          We agree with the view taken by the fora below.  No case is made out for interference. Dismissed.