SAMIKSHA BHATTACHARYA, MEMBER

The instant Interlocutory Application has been filed by the complainant praying for referring the matter before expert  doctor/medical expert/team of doctors/ Government hospital/ medical board  for  careful scrutiny or verification of the  medical records  and things and to find out truth and to give their opinion for proper adjudication of the case. 

The Ld. Advocate for the complainant  has submitted that the instant complaint has been filed by the complainant regarding Medico Legal Negligence which is to be ascertained by Medical Experts only. Only Medical Experts can detect  or determine whether any negligence was committed by the  doctors and staff of the concerned Hospital or not. The  opinion of  medical experts is not based on surmise or imagination, rather it can reflect the actual  cause of death which is very much necessary  for proper adjudication of the instant case. Hence, she has prayed for allowing the instant Interlocutory Application otherwise it will adversely affect the reputation of the complainant which may result in irreparable   loss and substantial injustice.

Only OP No. 1 filed written objection against the instant Interlocutory Application.

Ld. Advocate for the OP  No. 1 has submitted that  the complaint has been filed on diverse, false, frivolous ground and the same is devoid of merit whatsoever. All the allegations made in the said application are denied and disputed by the OP No.1.  The said application has been filed to protract the instant case. There is no straightjacket formula which can be applied  to cases where there are allegation of medical negligence and the  fact that the same can be ascertained by medical experts only  as alleged or at all. Since the complainant has miserably failed to make  out any case the question of calling for any medical expert cannot and does not arise. The said application amounts to fishing for evidence  which ought not to be permitted. Seeking appointment of a medical expert amounts to complete abuse of process of law. The complaint has been filed  on the basis of surmise and conjecture and on that ground alone, the said application  is liable to be dismissed. There is not wrong treatment or medical negligence as alleged. Seeking appointment of medical expert, is an afterthought. Therefore, the Ld. Advocate for the OP No. 1 has  prayed for dismissal of the instant application in limine.

Heard the Ld. Advocates appearing for the parties.

Upon hearing the parties and on perusal of entire materials on record we find that this  case is related to the allegation of medical negligence and wrong treatment of the OPs No. 1 to 6. The complainant has alleged that his mother/ patient expired due to negligence and wrong treatment by the Doctors and Hospital/OPs No. 1 to 6.  Therefore, it would be wise to collect a report from the Experts’ Committee for proper adjudication of the case. Considering the allegation as brought by the complainant, we are of considered view that an Experts’ Committee report would be more helpful in coming to the proper conclusion whether there was any sort of medical negligence in the treatment of the patient or not.

Hence, the application being No. IA/135/2023 is allowed on contest and the office is directed to send the documents along with application, written versions etc. to the concerned authority of Medical College & Hospital, Kolkata for examination of report about the alleged medical negligence against the Doctors and Hospital/OPs No. 1 to 6.

The complainant is directed to file one set of all the relevant documents for sending those to the Medical College & Hospital,  Kolkata within 15 days before this office.

The Superintendent-cum-Vice Principal of the Medical College & Hospital, Kolkata is requested to form an Expert Committee to examine those documents in the field of treatment of the patient and to submit its report by  04.03.2024.

Office is directed to do the needful for collecting relevant documents from the complainant for sending those documents to the  Superintendent-cum-Vice Principal of Medical College & Hospital, Kolkata at once.

Fix  04.03.2024 for report.

The Interlocutory Application being No. IA/135/2023 is allowed on contest and disposed of accordingly.