The judgement of the Calcutta High Court in the matter of
Snigdhendu Ghosh vs State of West Bengal & Ors on 19 July, 2018
has answered many questions that arise when a medical negligence case is filed
against a doctor, as follows:
·
Limitation period in filing a complaint
·
Can you be punished for something which is not a part of
the charge sheet?
·
When can you appeal to GOI as a remedy?
·
Can the high courts interfere before all the remedies are
exhausted?
·
Can a council go to the Supreme Court? (This is like the
lower court going to the Supreme Court against a High Court order)
·
Is error of judgment negligence?
·
Does giving three antibiotics in typhoid amounts to
negligence?
·
Is error in judgment an infamous act?
·
When to pass a judgment in interim stage?
·
Is it necessary for the council to give reasoned
judgments?
·
What are the principles of natural justice?
·
When challenging a council decision, is it not necessary
to make the patient a party?
·
Can a doctor file compensation from council for wrong
decision?
·
What did the Supreme Court do in this case?
West Bengal Medical Council vs Dr. Snigdhendu Ghosh on 20
February, 2019/ SLP/ 4132/2019/ Arising out of impugned final judgment and
order dated 19-07-2018 in MAT No. 28/2018 passed by the High Court At
Calcutta).This petition was called on for hearing on 20-02-2019.
Coram: Hon'ble Mr. Justice Arun
Mishra, Hon'ble Mr. Justice Navin Sinha
Order: No case is made out to
interfere with the impugned order (s) passed by the High Court. The special
leave petition is, accordingly, dismissed. However, this order shall not be
treated as a precedent. Pending application(s), if any, shall stands disposed
of.
Read the High Court Order 1 here ….
Read High Court Order No. 2 here ….
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