Date of filing: 23.04.2019                                                                      Date of disposal: 11.06.2019

Complainant:             Nasia Bibi, W/O- Sk. Hafizul, Village: Kaluttack, PO: Muratipur, PS: Bhatar, District: Burdwan.

• V E R S U S   -

Opposite Party:  1.    Dr. Abhiggyan Mondal, Chamber: Khosbagan, Behind Burdwan Sadar Police Station, PO., PS. & District: Purba Bardhaman.

2.     Dr. Soumya Ghosh, Chamber: Foujdari Kalitala, Khosbagan, PO., PS. & District: Purba Bardhaman, PIN – 713 101.

3.     Burdwan Medical College & Hospital, Represented by the Superintendent, PO: Rajbati, PS. & District: Purba Bardhaman, PIN – 713 104.

Present :  Hon’ble President: Smt. Jayanti Maitra (Ray).

                 Hon’ble Member :   Smt. Nivedita Ghosh.

Appeared for the Complainant:     Ld. Advocate, Syed Nurul Aslam.

Appeared for the Opposite Party No. 1&2:  Ld. Advocate, Subrata Ghosh.

Appeared for the Opposite Party No. 3:  Ld. Advocate, Murari Mohan Kumar.

Order No.49, Dated: 11.06.2019

This order is arising out of the M.A. being No.43/2019 filed by the complainant in the C.C. No. 191/2015 with a prayer for expert opinion in the field of orthopedics belong to S.S.K.M., Kolkata.

It is stated by the complainant in the said M.A. that the case has been filed alleging medical negligence against the O.Ps. The Complainant also stated in the said application that the complainant’s minor son was treated by the O.P. No.1 and the fracture injured part was set by the O.P. No.1 and further operation is needed as such the patient was treated by the O.P. No.2 and thereafter admitted in the O.P. No.3-B.M.C.H where the operation was done second time and due to negligent act of the O.P. No.1 caused sufferings of the complainant’s minor son for which orthopedic expert opinion is required to prove the case of medical negligence. Complainant also stated that if the M.A. is not allowed she will suffer irreparable loss and injury.

 The O.Ps have raised formal objection against such application stating that the complainant has filed this application at a very belated stage and it is nothing but a dilatory tactics. In this way the complainant is dragging the procedure and delaying the disposal of the complaint.

We are of the view that as it is a case relating to medical negligence alleged by the Complainant against the O.Ps, 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 Head of the Department, Department of Orthopedics, S.S.K.M. Hospital, Kolkata -700001. In our view, the prayer as made out by the Complainant in the M.A. being no. 43/2019 should be allowed.

Hence, it is

O r d e r e d

that the M.A. being No.43/2019 be and the same is 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

             (Nivedita Ghosh)                                                             D.C.D.R.F., Purba Bardhaman

                   Member

    D.C.D.R.F., Purba Bardhaman

                                                                                                                      (Nivedita Ghosh)

                                                                                                                                         Member

                                                                                                       D.C.D.R.F., Purba Bardhaman