HON’BLE MR. JUSTICE MANOJIT MANDAL, PRESIDENT

1. This interlocutory application has been filed on behalf of the complainant, Smt. Subhra Chakraborty, wherein necessary order has been prayed for obtaining medical experts opinion from the Government Hospital.
2. Heard the Ld. Advocates over the said application and its written objection thereto.
3. The Ld. Advocate appearing for the complainant submitted that the husband of the complainant Late Goutam Chakraborty suffered and died due to medical negligence and wrong treatment by the OPs and for proper adjudication and assessment of the treatment procedure and whether any medical negligence had been done by the OP, the neutral opinion or report from the medical expert panel is required. So, the application filed by the complainant should be allowed.
4. On the other hand, the Ld. Advocate appearing for the OP Nos. 1, 2 and 4 has contended that the application filed by the complainant is not maintainable. He further contended that prior to institution of this case, complainant had already opted for opinion of the medical expert from West Bengal Medical Council and on perusal of all treatment sheets and documents, West Bengal Medical Council has already submitted their opinion. So, further report/expert is not required. As such, the application should be dismissed.
5. Upon hearing the Ld. Advocate appearing for the parties and on perusal of the materials on record, we find that the complainant has prayed for an order for appointment of medical expert panel from the State Government Hospital for ascertaining the medical negligence in the treatment of the patient, Late Goutam Chakraborty who was treated at OPs’ Hospitals. It is alleged that Late Goutam Chakraborty was treated by the OPs wrongly. We find that for proper and effective adjudication of this case and for assessment of the treatment procedure and whether medical negligence have been done by the OPs or not, a neutral opinion and/or report from the medical expert panel is required. Therefore, we feel it proper to allow the application under consideration and requested the Superintendent of SSKM Hospital to form a Committee/Board on the subject and to examine the manner of treatment given to the patient and to ascertain the decree of negligence, if any, in the said treatment and to submit a report before this Commission within a period of 3 months from the date of the order.
6. Let a copy of this order be sent to the Superintendent of the SSKM Hospital along with the copies of the petition of complaint, written version, if any, all the related documents regarding treatment of the patient for examination by the Board for the above noted purpose.
7. With this observation and direction, this application stands disposed of.
8. Office to comply this order by sending the documents and papers to the concerned Superintendent of SSKM Hospital at once.
9. Complainant is directed to supply the copies of all the necessary documents, as noted earlier for sending those to the Superintendent of SSKM Hospital.
10. To 12.08.2022 for report of the expert’s committee.
11. IA being No. 439/2021 is thus disposed of accordingly.