Courts may seek expert clarity, but not on demand

Issue - August - 2026, Posted On:   01 August 2026

A patient pursuing a medical negligence complaint sought intervention from one of the country’s premier medical institutes, arguing that expert evaluation was essential before the dispute could proceed further.

The request, however, raised a larger medico-legal question before the Commission: are consumer courts required to obtain expert medical opinion in every negligence case?

The dispute arose from treatment relating to an ophthalmic condition. During proceedings before the District Commission, the complainant moved an application seeking constitution of an expert panel from PGIMER Chandigarh to evaluate the alleged negligence.

According to the complainant, the medical issues involved were highly technical and could not be properly assessed without specialised expert scrutiny.

The treating doctor opposed the request.

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