Chhattisgarh High Court Orders Fresh Inquiry into Medical Negligence Case

Inquiry Report Deemed Invalid; New Committee to be Constituted Following Proper Legal Provisions

In a significant development, the Chhattisgarh High Court, presided over by Justice Parth Prateem Sahu, has invalidated the inquiry report concerning alleged medical negligence in the case of Mrs. Shobha Sharma. The court found that the initial inquiry committee was not constituted according to the provisions of the Chhattisgarh State Upcharyagriha Tatha Rogopchar Sambandhi Sthapanaye Anugyapan Adhiniyam, 2010 and the associated Rules of 2013. Consequently, the court has directed the Supervisory Authority, specifically the Collector, to reconsider the complaint and form a new committee in adherence to the prescribed legal provisions.

The case revolves around Mrs. Shobha Sharma, who underwent treatment at the hospital managed by respondents No.9 and No.10. She alleged that the wrong knee was operated on, leading to complications, and subsequently filed complaints alleging medical negligence. An inquiry committee, which lacked the requisite legal composition, concluded there was no negligence, prompting Mrs. Sharma to seek legal recourse.

The court emphasized that the committee should have been led by an officer not below the rank of Deputy Collector and should include a specialist doctor from the relevant discipline. The failure to meet these criteria led the court to deem the existing inquiry report invalid.

Justice Sahu has directed the Supervisory Authority to conduct a fresh inquiry by forming a new committee that complies with the legal requirements. Both sides will be given the opportunity to present their case during this inquiry. The court has mandated that the re-inquiry be completed expeditiously, within a period of four months.

The decision underscores the importance of adhering to statutory procedures in medical negligence cases and ensures that complaints are thoroughly and fairly investigated. The court has clarified that it has not expressed any opinion on the merits of the claims, focusing solely on ensuring procedural compliance.

Bottom Line:

Medical negligence - Constitution of inquiry committee not in accordance with provisions of Chhattisgarh State Upcharyagriha Tatha Rogopchar Sambandhi Sthapanaye Anugyapan Adhiniyam, 2010 and Rules, 2013 - Inquiry report declared invalid - Direction given for re-inquiry by properly constituted committee.

Statutory provision(s): Chhattisgarh State Upcharyagriha Tatha Rogopchar Sambandhi Sthapanaye Anugyapan Adhiniyam, 2010, Rules, 2013, Section 18 of the Rules, 2013, Rule 3(1), Rule 4, Rule 18, Section 13 (c) of the Adhiniyam, 2010.

Mrs. Shobha Sharma v. State of Chhattisgarh, (Chhattisgarh) : Law Finder Doc Id # 2819313