The Supreme Court observed that a report of the Medical Council cannot be determinative to contradict the factual findings entered by a Consumer Forum regarding medical negligence.
The Court was hearing an appeal filed by a man, a BPL card holder, whose 13-year-old son lost complete vision in his right eye following a cataract surgery undertaken by the respondents (Dr.Sumit Banerjee and Megha Eye Clinic, Bardhdhaman, West Bengal). Although the District Consumer Disputes Redressal Commission (DCDRC) allowed his claim for compensation, the State Commission (SCDRC) set aside the DCDRC order after relying upon a report by the Medical Council. The NCDRC also affirmed the SCDRC order, following which the complainant appealed to the Supreme Court.
