ORDER NO. 16

The Misc. Application bearing No. 1004/2016 has been filed by the Complainant for referring the instant case of alleged medical negligence to  AIIMS, New Delhi for expert opinion in respect of the treatment involved in the pending Complaint Case No. 91/2014 for proper adjudication of the Complaint Case.

The Ld. Advocate for the Misc. Applicant submits that the OP No. 2-Doctor implanted the permanent pacemaker on 8.11.2008 in the body of the Complainant-Patient, but after such operation lead infection developed on the operated site.  Thereafter, on 1.1.2010 the OP No. 2-Doctor implanted the permanent pacemaker with new sterilized lead in the left side of the body of the patient concerned without collecting the infected lead from the right side operated area, for which the Complainant-Patient allegedly suffered severely.  For continuous suffering the Complainant thereafter visited a hospital at Vellore where three operations were done on 6.10.2011,  11.10.2011 and 20.10.2011 respectively.  The OP No. 2-Doctor having failed to cure the infection to the lead of the pacemaker, the Complainant has prayed for expert opinion from AIIMS, New Delhi to ascertain whether there was any wilful negligence on the part of the OP No. 2-Doctor.

On the other hand, the Ld. Advocate for the OP Nos. 1 & 2 raises objection to the prayer by the Complainant for expert-opinion showing the ground that the Complainant has not adduced any evidence to show that the treatment provided by the OP Nos. 1 & 2 was not in accordance with the settled medical practice and procedure.

The Ld. Advocate also submits that the Complainant suffered for his own lapses as is evident from the incomplete removal of the infected lead which tore away because of delay in procedure caused by the Complainant intentionally.

The Ld. Advocate concludes that in view of the said submission, the instant Misc. Application should be rejected.

Heard both the sides appearing, considered their respective submission and perused the materials on records.

Materials on records reveal that the Complainant underwent implantation of permanent pacemaker more than once, still the infection in the lead and the operated area was not checked by the OP Nos. 1 & 2-Doctors until the Complainant underwent three operations in a hospital at Vellore.  Such complicated issues of the Complaint Case concerned necessarily require opinion of the medical expert having specialization in the medical treatment concerned for proper adjudication of the Complaint Case concerned.

In view of the foregoing facts and circumstances, the Director of AIIMS, New Delhi, is directed to form a committee of doctors specialized in the field of treatment concerned with the instant Complaint Case and to submit before this Commission a report on expert-opinion, preferably within 30 days from the date of the order.

Office is directed to send the copies of the entire Petition of Complaint along with the copies of all treatment documents to the Director, AIIMS, New Delhi, forthwith.

The Misc. Application is thus disposed of.

Fix 31.10.2017 for report.