Maharashtra

DCF, South Mumbai

CC/152/2010

Shadab Allam - Complainant(s)

Versus

Dr.badar T.Maskati & Others - Opp.Party(s)

A.A.Siddiqui

30 Jul 2011

ORDER

Complaint Case No. CC/152/2010   1. Shadab Allam Room No.505 b, Monarch bldg. Sakinaka Mumbai-72 Maharashtra ...........Complainant(s) Versus 1. Dr.badar T.Maskati & Others Maskati eye clinic, Harishankar bldg. M.K.Marg Mumbai-4 Maharashtra ............Opp.Party(s)

BEFORE:     HON'ABLE MR. SHRI.S.B.DHUMAL. HONORABLE PRESIDENT   Shri S.S. Patil , HONORABLE MEMBER

PRESENT:

ORDER  PER SHRI. S.S. PATIL - HON’BLE MEMBER :  1) The Complainant has filed this complaint as claim for compensation of Rs.20 Lacs from the Opposite Parties alleging medical negligence and deficiency in service on the part of Opposite Parties, who are Doctors. In view of directions given by the Hon’ble Supreme Courts in the case of Martine D’Souza V/s. Mohd. Ishfaq reported in (2009) 3 SSC. This complaint was referred to the Dean, J.J. Group of Hospitals with a direction to refer the letter to the Competitive Committee of Doctors specialized in the field relating to which the medical negligence is attributed. Department of Ophthalmology, Sir J.J. Group of Hospitals have sent an expert opinion regarding medical negligence in which it is stated as follows “Committee feels that endophthalmitis can’t be negligence but post operative infection. Pseudomonas is always exogenous infection might have occurred due to lower resistance of patient or from any external sources”.   2) Today the Complainant has filed an application for taking on record information which he has received under Right of Information Act and has further prayed to allow him to obtain independent expert opinion. Document produced by the Complainant are taken on the record. As J.J. Group of Hospitals has sent opinion of expert committee, the Complainant’s request to allow him to obtain another expert’s opinion is rejected. Expert Committee appointed by Dean, J.J. Group of Hospitals has given opinion as stated above. Therefore, we hold that there is no prima facie case against Opposite Parties who are practicing doctors therefore, complaint deserves to be dismissed. Hence, complaint is dismissed with no order as to cost.

[HON'ABLE MR. SHRI.S.B.DHUMAL. HONORABLE] PRESIDENT   [ Shri S.S. Patil , HONORABLE] MEMBER