Order No. 4
Both parties are present through the respective Ld. Advocates. Today is fixed for adducing evidence by the Complainant. But the instead of adducing the same the Complainant has filed an application with a copy to the other side seeking an expert opinion from the expert doctor in the field of Orthopedic from the SSKM Hospital. The said application is registered as MA-23/2021.
We have heard on the said application.
It is stated by the Complainant in the application that as this complaint is related to medical negligence against the OPs, hence until and unless an expert opinion is forthcoming on behalf of the expert doctor, the complaint cannot be properly adjudicated upon. According to the Complainant if this application is not allowed, he will suffer irreparable loss and injury and prayer is made by the Complainant for allowing this application.
Upon considering the application we got much substance in it and in our view the by the expert opinion the interest of the OPs will not be prejudiced, rather the opinion will expedite to adjudicate the complaint in a proper manner.
Hence the MA-23/2021 is thus allowed on contest against the OPs without any cost.
As the MA-23/2021 is hereby allowed the Complainant is directed to submit the writ i.e. copy of the petition of complaint, copy of the written version and the entire treatment related documents of the concerned patient before the appropriate authority of this Ld. Commission. Within seven days from this day. Upon receipt of those documents the appropriate authority is hereby directed to send down the same to the Ld. MSVP, SSKM Hospital Kolkata without any further delay.
The Ld. MSVP, SSKM Hospital, Kolkata is hereby requested to form a medical board by the doctor/s from the field of Orthopedic for forming an opinion upon considering the treatment related papers of the patient concerned. The Ld. MSVP is hereby requested to send the expert opinion to this Ld. Commission on 17.05.2021.
Dictated and Corrected by
Hon’ble Mrs. Silpi Majumder
Membe
