Date of filing: 11.07.2018 Date of disposal: 15.11.2018
Complainant: Dipa Chatterjee, W/o. Sri Somjit Chatterjee, residing at Bahir Sarbamangala Road, Opp. Digambar Jain Mandir, PO: Burdwan, PS: Burdwan Sadar, District: Purba Bardhaman.
Opposite Party: 1. Dr. Soumendra Saha Sikdar, D.G.O., M.D., S/O. Santosh Saha Sikdar, engaged at Sharanya Multispecialty Hospital, Burdwan Situated at Bamchandaipur, N.H. – 2, Burdwan, PIN – 713 103, W.B.
2. Sharanya Multispecialty Hospital, Burdwan Situated at Bamchandaipur, N.H. – 2, Burdwan, PIN – 713 103, W.B.
Present: Hon’ble President: Smt. Jayanti Maitra (Ray).
Hon’ble Member: Ms. Nivedita Ghosh.
Appeared for the Complainant: Ld. Advocate, Debjyoti Banerjee.
Appeared for the Opposite Party No. 1& 2: Ld. Advocate, Subrata Ghosh, Debdas Rudra
& Rumania Bagchi Ghosh.
Order No. 12, Dated: 15.11.2018
This order is arising out of the Misc. Application Case being No. 47/2018 filed by the complainant in the C.C. No. 29/2018 praying to pass necessary order by directing the Medical Superintendent cum Vice Principle (MSVP) of SSKM Hospital to appoint any expert Doctor from the Department of Surgery 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 carelessness against the Ops. That as this is the case of medical negligence, so for proper adjudication of this case the opinion of medical expert in the field of Surgery is very much required as per provisions of law. Unless an order is passed directing the MSVP, SSKM Hospital, Kolkata to transmit the matter to the Department of Surgery for opinion of expert, the complainant will be seriously prejudiced. Prayer is made for directing the MSVP, SSKM Hospital (Department of Surgery), 244, A.J.C. Bose Road, Bhowanipore, Kolkata – 700 020 to transmit the matter to the Department of Surgery for opinion of expert.
The Ops have raised objection against the application for appointment of expert doctor.
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 Surgery, SSKM Hospital, Kolkata. In our view the prayer as made out by the Complainant in the M.A. being no. 47/2018 should be allowed.
Hence, it is
O r d e r e d
that the M.A. Case being No. 47/2018 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
(Jayanti Maitra (Ray) DCDRF, Burdwan
President
DCDRF, Burdwan
(Nivedita Ghosh)
Member
DCDRF, Burdwan
