Order No. 27, Dated: 12.07.2018

This order is arising out of the Misc. Application Case being No. 40/2018 filed by the complainant in the C.C. No. 122/2016 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 Orthopaedics 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 and unfair trade practice and deficiency in service on the part of the Ops.  The complainant further begs to submit that as it is a case of medical negligence, it is very difficult for an human being to make out such case excepting a skillful person in the area of Orthopaedics treatment and the medicines advised to be used by the doctors who treated the patient unless and until an opinion of an expert and as such the opinion of an expert in the field of Orthopaedics in SSKM Hospital, Kolkata is required to prove the case and the complainant praying for allowing such application for an expert opinion as sought for.

The ld. Counsel for the Ops has 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 Orthopaedics, SSKM Hospital, Kolkata. In our view the prayer as made out by the Complainant in the M.A. being no. 40/2018 should be allowed.

Hence, it is

O r d e r e d

 that the M.A. Case being No. 40/2018 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

     (Tapan Kumar Tripathy))                                                     DCDRF, Burdwan

                   Member

           DCDRF, Burdwan

                                                     (Nivedita Ghosh)                       (Tapan Kumar Tripathy))

                                                            Member                                           Member

                                                      DCDRF, Burdwan                           DCDRF, Burdwan