The Supreme Court held that the Commission constituted under the West Bengal Clinical Establishments Act, 2017, has the power to adjudicate complaints of deficiency in patient care service and award compensation.
The Court clarified that while the determination of medical negligence lies with the State Medical Council, the Commission can independently examine whether service was deficient, including scrutiny of the qualifications and credentials of medical personnel.
It observed that both authorities function in separate and distinct spheres, and the exercise of power by one does not limit the jurisdiction of the other.
Setting aside the Calcutta High Court’s judgment, the Supreme Court restored the Commission’s decision.
[Kousik Pal v. B.M. Birla Heart Research Centre & Ors.]