Order No. 45, Dated: 20.07.2018

This order is arising out of the Misc. Application Case being No. 41/2018 filed by the complainant in the C.C. No. 210/2015 praying to pass necessary order by directing the Medical Superintendent cum Vice Principle (MSVP) of SSKM Hospital, Kolkata to appoint any expert Doctor from the Department of Pathology for giving his 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 conducted by the Ops in proper diagnosis and treatment of the wife of the complainant No. 1 and mother of the complainant No. 2. For proper adjudication of this case bringing of medical opinion of the medical Expert is very much essential and necessary. Therefore, passing appropriate order by requesting the MSVP, SSKM Hospital for giving opinion of medical Expert from the Department of Pathology after perusing and going through all the medical documents is very much essential for proper adjudication of this case.

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 an expert doctor, the complaint cannot be properly adjudicated upon. The Complainant has sought for an expert opinion from the Department of Pathology, SSKM Hospital, Kolkata. In our view the prayer as made out by the Complainant in the M.A. being no. 41/2018 should be allowed.

Hence, it is

O r d e r e d

 that the M.A. Case being No. 41/2018 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

        (Jayanti Maitra (Ray)                                                                     DCDRF, Burdwan

                President

          DCDRF, Burdwan

                                                                                                                           (Nivedita Ghosh)                                  (Tapan Kumar Tripathy)

                                             Member                                                      Member

                                    DCDRF, Burdwan                                         DCDRF, Burdwan