Date of filing: 01.06.2018 Date of disposal: 26.06.2018
Complainant: Pampa Paramanik, W/o. Bankuram Paramanik, resident of Village: Rayan, PO: Rayan, PS: Burdwan, District: Burdwan, PIN – 713 101.
Opposite Party: 1. Dr. (Prof.) R.S. Biswas, having his chamber at Green View, 128, D.H. Road, Barisha Barobani, Kolkata – 700 008.
2. Sharanya Multi Specialty Hospital, represented by its Managing Director, having its office at Bamchandaipur, NH – 2, Burdwan, Pin – 713 101.
Proforma Opposite Party: 3. Medical Superintendent, Christian Medical College, having its office at IDA Scudder Road, Vellore, Tamill Nadu, PIN – 632 004.
Present: Hon’ble President: Smt. Jayanti Maitra (Ray).
Hon’ble Member: Smt. Nivedita Ghosh.
Hon’ble Member: Dr. Tapan Kumar Tripathy.
Appeared for the Complainant: Ld. Advocate, Suvro Chakraborty.
Appeared for the Opposite Party No. 1 & 2: Ld. Advocate, Subrata Ghosh.
Order No. 31, Dated: 26.06.2018
This order is arising out of the Misc. Application Case being No. 29/2018 filed by the complainant in the C.C. No. 105/2016 praying to pass necessary order by directing the Medical Superintendent cum Vice Principle (MSVP) of Nil Ratan Sircar Medical College & Hospital, Kolkata to appoint any expert Doctor from the field of Medicine and field of Surgery for giving their 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 unfair trade practice and deficiency in service on the part of the Ops. The complainant further begs to submit that the complainant was admitted before the OP-2 under the OP-1 for LAPAROSCOPIC CHOLECYSTECTOMY operation. After the said operation port site infection developed at the operated portion of the complainant due to which complainant compelled to undergone further operations. The complainant strongly believes that due to negligence of the OP-1&2 post-operative complications arose and she compelled to undergone further operations. So for bringing the actual fact, ascertaining whether there was any medical negligence or not and for p[roper adjudication of the case opinion of expert Doctor from Nil Ratan Sirkar Medical College & Hospital is required. Therefore, the complainant has made prayer by directing the MSVP, Nil Ratan Sircar Medical College & Hospital to appoint any expert doctor from the field of Medicine and field of Surgery for giving their opinion in writing after perusing the documents of treatment, otherwise the complainant will suffer irreparable loss and injury.
The Ops have raised objection against the application for appointment of expert doctor at this belated stage. The ld. Counsel for the Ops has stated that this attitude is nothing but a dilatory tactics.
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 field of Medicine and field of Surgery, Nil Ratan Sircar Medical College & Hospital, Kolkata. In our view the prayer as made out by the Complainant in the M.A. being no. 29/2018 should be allowed.
Hence, it is
O r d e r e d
that the M.A. Case being No. 29/2018 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. Sd-
Dictated & Corrected by me: (Jayanti Maitra (Ray)
Sd/- President
(Jayanti Maitra (Ray) DCDRF, Burdwan
President
DCDRF, Burdwan
Sd/- Sd/- (Nivedita Ghosh) (Tapan Kumar Tripathy)
Member Member
DCDRF, Burdwan DCDRF, Burdwan
