- (1.) The subject-matter of challenge in the appeal is a judgement and order dated 22nd December, 2014 by which the Learned Trial Court dismissed the writ petition on the ground that the petitioner had no locus standi and was not entitled to maintain the writ petition.
(2.) Briefly stated the facts and circumstances of the case are as follows:- The writ petitioner, ordinarily a resident of the United States of America, accompanied by his wife Anuradha Saha came to Kolkata in the year 1998. Anuradha developed skin allergy. She was hospitalized and treated by a team of doctors comprising amongst others the respondent No.2. It was alleged that due to gross medical negligence of the respondent No.2 Dr. Sukumar Mukherjee, amongst others, she died. The petitioner instituted both civil and criminal cases against the doctors including the respondent No.2 seeking to hold them liable for medical negligence which ultimately was decided in his favour on 7th August, 2009 in the case of Malay Kumar Ganguly Vs- Dr. Sukumar Mukherjee & Ors. and Kunal Saha Vs- Sukumar Mukerjee & Ors., 2009 9 SCC 221.
(3.) The Supreme Court held that:- " The treatment line followed by Dr. Mukherjee which entailed administration of 80 mg of depomedrol injection twice is not supported by any school of thought. The treatment line, in this case, does not flow from any considered affinity to a particular school of thought, but out of sheer ignorance of basic hazards relating to use of steroids as also lack of judgment. ";