By Smt. C.S. Sulekha Beevi, President,
1. This is a complaint filed alleging medical negligence regarding dental treatment availed from opposite party. As per the decision rendered by Apex Court in Martin D'Souza vs. Mohammed Ishfaq 2009 (1) CPR 230 SC the case was referred to a Medical expert to give opinion whether a prima facie case of medical negligence exists. Dr. K. Surendran, Dental Civil Surgeon M.D.S. Was appointed as expert in the matter. Copy of the complaint and documents filed by complainant was furnished to the expert. Report of the expert was received and marked as Ext.C1. The doctor has stated in Ext.C1 that there is no prima facie case of medical negligence. His finding is supported by explanations regarding the procedure adopted and treatment given. We therefore conclude that since there is no prima facie case of medical negligence the complaint is not maintainable.
2. In the result complaint dismissed. No order as to costs.
Dated this 31st day of August, 2009.
Sd/- C.S. SULEKHA BEEVI, PRESIDENT
Sd/- MOHAMMED MUSTAFA KOOTHRADAN, Sd/- MEMBER E. AYISHAKUTTY, MEMBER
APPENDIX
Witness examined on the side of the complainant : Nil Documents marked on the side of the complainant : Nil Witness examined on the side of the opposite parties : Nil Documents marked on the side of the opposite parties : Nil Court document marked : Ext.C1 Ext.C1 : Commission report.
Sd/- C.S. SULEKHA BEEVI, PRESIDENT
Sd/- MOHAMMED MUSTAFA KOOTHRADAN, Sd/- MEMBER E. AYISHAKUTTY, MEMBER
......................C.S. SULEKHA BEEVI | | 
