HON’BLE MR. TARAPADA GANGOPADHYAY, MEMBER
ORDER NO. 7 DT. 11.4.2018
The I.A. bearing No. 177/2018 in connection with the Complaint Case No. 374/2017 has been filed by the OP Nos. 1 & 4 with prayer for expert-opinion from a specialized hospital in respect of the treatment in question for proper adjudication of the case.
The Ld. Advocate for the Applicants/OP Nos. 1 & 4 submits that the patient concerned was admitted to OP No. 1-Hospital with complaint of drowsiness and weakness and after admission several tests were advised, but no cause for drowsiness was identified. The Ld. Advocate continues that apprehending the suffering of the patient concerned from “Auto-immune Encephalitis’ appropriate medicines were prescribed by the treating doctors.
The Ld. Advocate further submits that despite the patient having been treated with standard treatment protocol, the Complainant has raised allegation of medical negligence against the OP No. 1 and the OP No. 4 without proper basis and hence, expert-opinion is required to ascertain whether or not there is any medical negligence on the part of the OP No. 1-Hospital and the OP No. 4-Doctor.
On the other hand, the Ld. Advocate for the Respondent/Complainant submits that the instant I.A., which has been filed belatedly, is intended to delay the disposal of the Complaint Case concerned, and that it is well-settled that in all the cases of medical negligence expert-opinion is not mandatory.
Heard both the sides, considered their respective submission and perused the materials on records.
The materials on records reveal that the Complainant with complaint of ‘periventricular ischaemic changes’ visited the Hospital and the Doctor concerned and the treating doctor advised various medical tests and prescribed medicines but still the patient did not get any relief, rather the condition of the patient deteriorated.
Such complicated issue in the complaint case concerned necessarily requires opinion of medical expert having specialization in the treatment concerned in respect of the mode of treatment in question. In this connection, reliance is placed on the decision of the Hon’ble Supreme Court in Ramesh Chandra Agarwal Vs. Regency Hospital Ltd. & Ors., reported in (2009) 9 SCC 789.
In view of the foregoing facts and circumstances of the case the instant I.A. is allowed and the Superintendent of IPGMER & SSKM Hospital, Kolkata is directed to form a committee of doctors specialized in the field of treatment concerned and to submit before this Commission an expert-opinion preferably within 30 days from the date of receipt of this order.
Office is directed to send the copies of the entire Petition of Complaint along with written version and the treatment records to the Superintendent of IPGMER & SSKM Hospital, Kolkata at the earliest.
Fix 18.5.2018 for report from IPGMER & SSKM Hospital, Kolkata.
The I.A. bearing No. 177/2018 is disposed of in the aforesaid manner.
