Date of filing: 24.04.2018 Date of disposal: 07.06.2018
Complainant: Manik Rakshit, S/o. Sankar Rakshit, residing at Akui, PS: Indus, District: Bankura.
Opposite Party: 1. The Officer-in-Charge, Parijat Sevalaya (Pvt. Ltd.), Shyam Sayar (North), Opposite Burdwan Hospital & Raj College, PS. & Dist: Burdwan, PIN – 713 101.
2. Dr. Debabrata Banerjee, C/o. Parijat Nursing Home, Shyam Sayar (North), Opposite Burdwan Hospital & Raj College, PS. & Dist: Burdwan, PIN – 713 101.
3. The Office-in-Charge, The Life Line Nursing Home & Poly Clinic, 294, G. T. Road, Bhangakuthi, Dist: Burdwan, PIN – 713 104.
4. Dr. S. R. Banerjee, The Life Line Nursing Home & Poly Clinic, 294, G. T. Road, Bhangakuthi, Dist: Burdwan, PIN – 713 104.
5. The Officer-in-Charge, Department of Orthopedics, Spine Unit, St. John’s Medical College Hospital, Bangalore, 560 034.
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, Tamal De.
Appeared for the Opposite Party No. 1, 2, 3 & 4: Ld. Advocate, Subrata Ghosh.
Appeared for the Opposite Party No. 5: None (ex parte).
Order No. 14, Dated: 07.06.2018
This order is arising out of the M.A. being No. 24/2018 filed by the complainant in the C.C. No. 182/2017 with a prayer for an order directing the OP-1,3 & 5 to provide the Bed Head Tickets which are in the custody of the said Ops in connection with the treatment of the patient Manik Rakshit.
It is stated by the complainant in the said M.A. that the case has been fixed for evidence of the complainant. The complainant was treated in the OP-1 from 31.03.2015 to 03.04.2015, in the OP-3 from 19.06.2015 to 25.06.2015 and from 01.04.2016 to 02.04.2016 and in the OP-5 Nursing Home from 25.08.2016 to 10.09.2016. Since, the Bed Head Tickets from the OP-1, 3 & 5 Nursing Homes are essential and necessary to adjudicate the matter as such the said Bed Head tickets of the patient Manik Rakshit from the Nursing Homes are required to be produced in the Ld. Forum. The complainant has stated that if this application is not allowed the complainant will be seriously prejudiced.
The Op-1 & 3 have raised vehement objection against such application at this stage. The Op-1 & 3 has stated that the said M.A. at a very belated stage and which is nothing but a dilatory tactics. Therefore, the application should be rejected.
This is a case of medical negligence and for proper adjudication of this complaint the Bed Head Tickets of the patient are very important documents to come to a conclusive conclusion. Therefore, the prayer for calling the Bed Head tickets from the OP-1, 3 & 5 should be allowed.
Hence, it is
O r d e r e d
that the M.A. being No. 24/2018 be and the same is allowed on contest against OP-1 & 3 and ex parte against the OP-5 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
(Tapan Kumar Tripathy) DCDRF, Burdwan
Member
DCDRF, Burdwan
(Tapan Kumar Tripathy) (Nivedita Ghosh)
Member Member
DCDRF, Burdwan DCDRF, Burdwan