ORDER NO. 5
HON’BLE MR. TARAPADA GANGOPADHYAY, MEMBER
The I.A. bearing No. 752/2018 in connection with the Complaint Case No. 98/2018 has been filed by the Complainants with prayer for expert-opinion from SSKM Medical College and Hospital, Kolkata or other Government medical college and Hospital in respect of the treatment of the disease in question for proper adjudication of the Complaint Case.
The Ld. Advocate for the Complainants submits that the wife of the Complainant No. 1 visited the OP No. 1-Doctor with complaint of high fever, whole body pain and restrictive movement and that the patient concerned suffered from Bilateral Pneumonia and ARDS and ultimately succumbed to death.
The Ld. Advocate continues that for proper adjudication of such a complicated case concerned the expert-opinion is necessary.
On the other hand, the Ld. Advocate for the OP-Doctor submits that for expert-opinion the case may be referred to any medical college and hospital other than SSKM Hospital as the Complainants have prayed for.
Heard both the sides, considered their respective submission and perused the materials on records.
The complicated issues of the Complaint Case concerned necessarily require opinion of medical expert having specialization in medical treatment concerned. In this connection, reliance is placed on a decision of the Hon’ble Supreme Court in Ramesh Chandra Agarwal Vs. Regency Hospital Ltd., reported in (2009) 9 SCC 789.
In view of the foregoing facts and circumstances of the case, the Superintendent of Medical College and Hospital, Kolkata is directed to form a committee of doctors specialized in the field of the disease concerned and to submit the expert-opinion preferably within 30 days from the date of receipt of this order.
Office is directed to send copies of the entire Petition of Complaint along with treatment records to the Superintendent of Medical College and Hospital, Kolkata at the earliest.
Fix 12.9.2018 for report from Medical College and Hospital, Kolkata.
The I.A. is thus disposed of.
