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In medical negligence can Consumer Court appoint medical expert panel
02-Jul-2023 (In Consumer Court Law)
Can State Commission or National Consumer Forum listen to any of the parties after the final argument is over and case is reserved for judgment? In Medical Negligence Cases is it compulsory for the Consumer Court whether it is State Consumer Forum or National Commission to appoint a Medical Expert Panel to check the Medical Victim?
No, consumer court cannot listen to the parties again once the final argument has been heard and final judgement is being awaited.
Also, the court can appoint a medical expert to get a second opinion if it feels the need to do so.
The power of the consumer courts are as follows
1) The summoning and enforcing of the attendance of any defendant or witness and examining the witness under oath,
2) The discovery and production of any document or other material object producible as evidence, 3) the reception of evidence on affidavits,
4) The summoning of any expert evidence or testimony,
5) The requisitioning of the report of the concerned analysis or test from the appropriate laboratory or from any other relevant source,
6) Issuing of any commission for the examination of any witness, and 7) any other matter which may be prescribed.
Also, the court can appoint a medical expert to get a second opinion if it feels the need to do so.
The power of the consumer courts are as follows
1) The summoning and enforcing of the attendance of any defendant or witness and examining the witness under oath,
2) The discovery and production of any document or other material object producible as evidence, 3) the reception of evidence on affidavits,
4) The summoning of any expert evidence or testimony,
5) The requisitioning of the report of the concerned analysis or test from the appropriate laboratory or from any other relevant source,
6) Issuing of any commission for the examination of any witness, and 7) any other matter which may be prescribed.
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Adv. Siddhant Sharma
Delhi | 200+ Answers
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