West Bengal

Purba Midnapur

CC/64/2014

Bishnupada Bhowmik - Complainant(s)

Versus

Medical Director - Opp.Party(s)

27 Oct 2014

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM
PURBA MEDINIPUR
ABASBARI, P.O. TAMLUK, DIST. PURBA MEDINIPUR,PIN. 721636
TELEFAX. 03228270317
 
Complaint Case No. CC/64/2014
 
1. Bishnupada Bhowmik
S/o Lt. Haradhan Bhowmik,Vill.- Joyrambati,P.O.- Kelomal, P.S.- Tamluk,Dist.- Purba Medinipur
 
BEFORE: 
 HON'BLE MR. JUSTICE Sri Ashok Kumar Bhattacharyya, W.B.H.J.S. PRESIDENT
 HON'BLE MRS. Syeda Shahnur Ali,LLB MEMBER
 
For the Complainant:
For the Opp. Party:
ORDER

The report of Expert Committee dtd. 16.09.2014 has already been received from CMOH, Purba Medinipur with regard to medical negligence against the OPs as alleged by the complainant. Hazira is filed on behalf of the complainant through his ld. Advocate. Heard the ld. Advocate for the complainant over the matter of admission hearing alongwith the above expert report.

          Seen the said expert report alongwith the petition of complaint and photocopies of documents filed on record.

          The expert opinion made in the said report of Expert Committee speaks that the patient appeared before the OPs for follow up treatment after 9 days of surgery and such delay, on the part of the patient, may cause delay in providing proper care and treatment to him and that the complication may be due to stich-line infection for lack of due care on the part of the patient after operation.

There is no prima facie indication in the said expert opinion as to any negligence on the part of the OPs regarding treatment of the complainant.

          Moreover, in para 7 of the petition of complaint, it is stated that the complainant suffered from pain in the eye in question and also right from the night of the same day and his two eyes were infected after discharge on 12.02.2014. Thus the question arises as to why he delayed for 9 days to inform the OPs about his post-operative complications felt on 12.02.2014 (night) and for further treatment. No explanation has been given by the complainant in this regard. 

          Considering the circumstances, as aforesaid, we are of the view that there is no prima facie material produced by the complainant on record against the alleged negligence on the part of the OPs and as such the instant complaint is not accepted for admission for further proceeding. In the result, the instant consumer case be and the same is dismissed.

 
 
[HON'BLE MR. JUSTICE Sri Ashok Kumar Bhattacharyya, W.B.H.J.S.]
PRESIDENT
 
[HON'BLE MRS. Syeda Shahnur Ali,LLB]
MEMBER

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