Date of filing: 06.08.2018 Date of disposal: 23.08.2018
Complainant: Mrs. Mira Rani Dey, W/o. Late Hriday Kumar Dey, residing at 9, Kantapukur Road, Laxmipur, Burdwan, PO> & PS: Burdwan, District: Purba Bardhaman, PIN – 713 101.
Opposite Party: 1. The Administrator/Proprietor, Diplomat Nursing Home, 22, R. B. Ghosh Road, Khosbagan, Burdwan, PO. & PS: Burdwan, District: Purba Bardhaman, PIN – 713 101.
2. The Registrar, West Bengal Medical Council, 1B-196, Sector-3, Salt Lake, Kolkata – 700 106.
3. Dr. Anal Deb Basu, having Regd. No. 22902 (MCI) doctor who treated at Diplomat Nursing Home at 22, R. B. Ghosh Road, Khosbagan, Burdwan, PO. & PS: Burdwan, District: Purba Bardhaman, PIN – 713 101.
Present: Hon’ble President: Smt. Jayanti Maitra (Ray).
Hon’ble Member: Ms. Nivedita Ghosh.
Hon’ble Member: Dr. Tapan Kumar Tripathy.
Appeared for the Complainant: Ld. Advocate, Tripti Kr. Mukhopadhyay.
Appeared for the Opposite Party No. 1&3: Ld. Advocate, Subrata Ghosh.
Order No. 11, Dated: 23.08.2018
This order is arising out of the M.A. being No. 57/2018 filed by the complainant in the C.C. No. 04/2018 with a prayer for an order directing the OP-1 – Diplomat Nursing Home to provide the Bed Head Tickets which are in the custody of the said Op in connection with the treatment of the patient – Hriday Kumar Dey, the husband of the complainant.
It is stated by the complainant in the said M.A. that the husband of the complainant was admitted at Diplomat Nursing Home-OP-1 on 25.12.2015 for the purpose of his treatment under the OP-3 and subsequently discharged on 07.01.2016 and finally the husband of the complainant expired on 08.01.2016. The case of the complainant is that her husband has been expired due to negligence of the OP-1&2. So the Bed Head tickets in respect of treatment of the husband of the complainant are very much required for the purpose of proper adjudication of the case and the same is lying under the custody of the OP-1. Therefore prayer is made by the complainant to pass appropriate order by directing the OP-1 to produce the Bed Head Tickets towards the husband of the complainant; otherwise the complainant will suffer irreparable loss and injury.
Ld. Counsel for the Op-1 & 3 has raised no objection against such application.
Having heard both sides, in our view the present complaint is related to medical negligence and for proper adjudication of this complaint the concerned Bed Head Tickets are very much necessary. Therefore, the application should be allowed.
Hence, it is
O r d e r e d
that the M.A. being No. 57/2018 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) DCDRF, Burdwan
Member
DCDRF, Burdwan
(Tapan Kumar Tripathy)) (Nivedita Ghosh)
Member Member
DCDRF, Burdwan DCDRF, Burdwan
