ORDER NO. 23 

HON’BLE MR. TARAPADA GANGOPADHYAY, MEMBER

The Misc. Application bearing No. 695/2017 connected with Complaint Case No. 138/2013 has been filed by the Complainant with a prayer for expert-opinion from AIIMS, New Delhi in respect of the treatment procedure of the patient concerned for proper adjudication of the Complaint Case concerned.

The Ld. Advocate for the Applicant submits that as despite the treatment of the patient concerned by the doctor concerned for a reasonable period of time the patient concerned ultimately expired, so proper adjudication of the medical negligence as alleged in the Petition of Complaint requires opinion of an expert specialized in the field of treatment concerned from a super speciality hospital, being the AIIMS, New Delhi.

On the other hand, the Ld. Advocate for the Respondent Nos. 2 and 6 submits that the instant Misc. Application, which has been filed belatedly, is intended for delaying the disposal of the Complaint Case concerned furthermore.

The materials on records reveal that the patient concerned visited the doctor concerned with complaint of fever and irregular urination.  In course of the treatment with the help of CT Scan the patient concerned was diagnosed as suffering from “Tubercular Meningitis”.  After such diagnosis the medicines were applied but it was alleged that the medicines applied were of “under-dose” for which ultimately the patient concerned expired.

Such complicated issue of the Complaint Case concerned necessarily requires the opinion of the medical expert having specialized in the medical treatment concerned.  In this connection, reliance is placed on the decision of the Hon’ble Supreme Court in Ramesh Chandra Agarwal Vs. Regency Hospital Ltd. & Ors., reported in (2009) 9 SCC 789.

In view of the foregoing facts and circumstances of the case, instead of sending the case for expert-opinion to AIIMS, New Delhi as the Hon’ble National Commission by its letter bearing No. A-8/SC/NCDRF/2007 dated 30.5.2007 has directed to send the case of expert-opinion to State Medical Colleges instead of AIIMS, New Delhi, the case is being sent to IPGME&R and SSKM Hospital, Kolkata for expert-opinion.

 The Superintendent of IPGME&R and SSKM Hospital, Kolkata is directed to form a committee of doctors specialized in the field of treatment concerned  and submit before this Commission the expert-opinion preferably within 30 days from the date of this order.

Office is directed to send the copies of the entire Petition of Complaint along with the treatment records to the Superintendent of IPGME&R and SSKM Hospital, Kolkata at the earliest.

Fix 12.3.2018 for report from IPGME&R & SSKM Hospital, Kolkata.

The Misc. Application bearing No. 695/2017 is thus disposed of.