Date of filing: 20.11.2019 Date of disposal: 10.01.2020
Complainant: Amina Khatun, W/o. Sk. Sukur Ali, resident of Village: Kirti Chandrapur, PO: Naisarai, PS: Arambagh, District: Hooghly, PIN – 712 602.
Opposite Party: 1. Dr. Shyam Sundar Samui, S/o. Late Rabindra Nath Samui, having his chamber at Samui Nursing Home, Bulchandrapur, PO: Panita, PS: Madhabdhihi, District: Purba Bardhaman, PIN – 713 427.
2. Samui Nursing Home, being represented by its R.M.O., having his address at Bulchandrapur, PO: Panita, PS: Madhabdhihi, District: Purba Bardhaman, PIN – 713 427.
3. Dr. S. S. Ahamed @ Dr. Mukul Ahamed, attached qwith Arambagh Nursing Home, having address at Court Road (near Khanka Sarif), PO. & PS: Arambagh, District: Hooghly, PIN – 712 601.
Present: Hon’ble President: Smt. Jayanti Maitra (Ray).
Hon’ble Member: Ms. Nivedita Ghosh.
Hon’ble Member: Shri Sailaranjan Das.
Appeared for the Complainant: Ld. Advocate, Sanyuk Banerjee.
Appeared for the Opposite Party Nos. 1, 2 & 3: Ld. Advocate, Subrata Ghosh & Debdas Rudra.
Order No. 19, Dated: 10.01.2020
This order is arising out of the Misc. Application Case being No. 88/2019 filed by the complainant in the C.C. No. 104/2018 praying to pass necessary order to appoint expert Doctor/Doctors from the Department of Gynaecology for giving opinion in writing after perusing the documents of treatment.
It is stated by the complainant in the said M.A. that the instant complaint has been filed with allegations of medical negligence and unfair trade practice and deficiency in service on the part of the Ops. The complainant further begs to submit that the expert witnesses have a vital function in medical negligence actions and at this stage due to prove the Consumer Complaint of medical negligence by the Ops, expert opinion is necessary. For such reason the complainant prayed for appointment of expert doctor in the field of Gynaecology and submit their valuable report/opinion, otherwise, the complainant will suffer irreparable loss and injuries and will be seriously prejudiced.
The Ops have raised objection against the application for appointment of expert doctor at this belated stage. The ld. Counsel for the Ops has stated that this attitude is nothing but a dilatory tactics.
We have heard argument on the application advanced by the Ld. Counsel for the contesting parties. It is seen by us that as it is a case relating to medical negligence alleged by the Complainant against the OPs, hence until and unless the expert opinion is forthcoming from expert doctor/doctors, the complaint cannot be properly adjudicated upon. The Complainant has sought for an expert opinion from an expert Gynaecologist Surgeon of the Department of Gynaecology. In our view the prayer as made out by the Complainant in the M.A. being no. 88/2019 should be allowed with a request to MSVP, Burdwan Medical College & Hospital, Burdwan to form a medical board consisting of expert doctor/s (Gynaecologist Surgeon) in the Department of Gynaecology of the said Hospital for preparing an expert opinion upon perusal of the treatment related papers and other documents of the concerned patient.
`Hence, it is
O r d e r e d
that the M.A. Case being No. 88/2019 is hereby allowed on contest without any cost.
Let plain copies of this order be supplied to the parties free of cost as per provisions of law.
Dictated & Corrected by me: (Jayanti Maitra (Ray)
President
(Nivedita Ghosh) DCDRF, Purba Bardhaman
Member
DCDRF, Purba Bardhaman
(Sailaranjan Das) (Nivedita Ghosh)
Member Member
DCDRF, Purba Bardhaman DCDRF, Purba Bardhaman
