The Calcutta High Court recently delivered a significant observation, asserting that the West Bengal Clinical Establishment Regulatory Commission lacks the jurisdiction to adjudicate matters related to medical negligence. This pivotal decision came in response to an appeal filed by the BM Birla Heart Research Centre, challenging the Commission’s findings in a case involving allegations of negligence, delayed patient shifting, improper medication, misdiagnosis, and misleading the patient party, following the complainant’s mother’s death.
The Bench, comprising Justice Arijit Banerjee and Justice Apurba Sinha Ray, underscored that issues like the negligence in disease detection and allegations of improper medication fall squarely under the domain of medical negligence, emphasizing that the Commission is not equipped to handle such matters. The Court pointed out that issues related to patient care service are intricately linked to the competence of medical professionals, requiring specialized knowledge, and therefore, should be addressed by specialized branches rather than a regulatory commission.
The High Court’s decision highlighted the inadequacies in the process, noting that the Single Judge, who had affirmed the commission’s findings, was not properly assisted in understanding that when professional misconduct of a doctor is to be adjudicated, it falls under a specialized branch as per relevant statutes and rules. The Court further noted that the Single Judge lacked guidance on determining the standard or degree of competence required for a medical professional. It criticized the absence of sufficient opportunities given to the concerned doctor to refute the allegations.
In response to these shortcomings, the High Court set aside the order of the Single Judge and the Commission. The Court also clarified that aggrieved parties are at liberty to pursue issues regarding medical negligence and deficient patient care service under the National Medical Commission Act, directing them to the appropriate forum.