In a recent order, the Supreme Court clarified that the power of the Commission established by the West Bengal Clinical Establishments (Registration, Regulation and Transparency) Act, to grant compensation is separate and distinct from the power of the State Medical Council to examine the presence or absence of medical negligence on the part of a medical professional.
“The power to grant compensation as is given under this Act, is separate and distinct from the power of the State Medical Council to examine the presence or absence of medical negligence on the part of a professional, and it nowhere interferes with the power of the State Medical Council to adjudicate the complaints of medical negligence,” the Apex Court two-Judge bench comprising Justices Sanjay Karol and Manoj Misra observed.
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