031. Historic medical compensation of Rs.6 Crores for doctors’ negligence awarded by Supreme Court

1. Record medical negligence compensation: SC orders hospital, doctors to pay Rs 6 crore

Editorial Team
First News
October 24, 2013

The Supreme Court on Thursday awarded Rs.5.96 crore compensation to Kunal Saha, an Indian-American doctor, ordering the Kolkata-based Advance Medicare Research Institute (AMRI) to pay for medical negligence resulting in the death of his wife Anuradha Saha in 1998.

A bench of Justice C.K. Prasad and Justice V. Gopala Gowda passed the order on an appeal by Saha, who had challenged the compensation of Rs.1.72 crore awarded by National Consumer Forum.  Welcoming the verdict, Saha said the ‘historic’ judgement should rekindle hope for countless victims. The US-based NRI said it should tell many honest and caring doctors it is time to step forward and cleanse the system. ‘If you let a few corrupt and politically connected doctors to run the show, all doctors will continue to share the blame and will never be able to restore public trust that we had not so long ago,’ he said in a statement.

The apex court earlier held some of the doctors of the hospital liable for criminal liability. The court directed that the hospital would pay the compensation along with an interest of 6 percent per annum from 1998. The court has asked two doctors – Balram Prakash and Sukamar Mukharjee – to pay Rs.10 lakh each and asked another doctor, Baidyanath Haldar, to pay Rs.5 lakh to Saha.

The tragic story of Anuradha started a month after she reached Kolkata in March 1998 for her summer vacation, when in April, some rashes surfaced on her skin. She consulted Mukharjee who advised her rest. However, rashes resurfaced again in early May with far greater intensity. Mukharjee prescribed her two doses of Depomedrol injection every day. As her condition did not improve, she was admitted to AMRI and subsequently she was shifted to Mumbai’s Breach Candy Hospital where she was diagnosed to be suffering from life-threatening disease called toxic epidermal necrolysis (TEN). At AMRI, Anuradha was treated by Mukharjee. TEN, also known as Lyell’s syndrome, is generally caused by a reaction to drugs and leads to the top layer of skin detaching from the lower layer all over the body. It is a more severe form of Stevens-Johnson syndrome.

Anuradha succumbed to her ailment May 28, 1998.

Link: http://health.india.com/news/record-medical-negligence-compensation-sc-orders-hospital-doctors-to-pay-rs-6-crore/

Republished here by courtesy of Health India.Com



2. SC judgement in medical negligence case historic: Saha.

By Health India.Com
October 25, 2013
With inputs from IANS

NRI doctor Kunal Saha, awarded Rs 5.96 crore compensation on Thursday for his wife’s death due to medical negligence, said the judgement should rekindle hope for countless victims. The Supreme Court ordered the Kolkata-based AMRI Hospital to pay the compensation for medical negligence resulting in the death of Saha’s wife, Anuradha, in 1988.

Terming the judgement as historic, Saha said it should tell many honest and caring doctors it is time to step forward and cleanse the system. ‘If you let a few corrupt and politically connected doctors to run the show, all doctors will continue to share the blame and will never be able to restore public trust that we had not so long ago,’ he said in a statement.

Apex court judge Justice V. Gopala Gowda passed the order on an appeal by Saha who had challenged a compensation of Rs.1.72 crore awarded by the National Consumer Forum. Saha lives in the United States. The apex court earlier held some doctors of the hospital liable for criminal liability.

What is medical negligence?

It is the medico legal term used to describe the negligent behaviour of a medical professional. The term medical malpractice is also used when a person providing medical care fails to perform his/her duty to the fullest of their ability and knowledge. This includes providing shoddy medical care, not informing the patient of the risk involved in a procedure, not giving the patient or their family a substantial reason for the death or irreparable harm caused to a patient, prescribing wrong medication, diagnosing a condition incorrectly, disclosing patient information without his/her permission, etc. A patient has a number of rights when it comes to medical care, and one should be well aware of their rights. It is important to remember that it is a medical practitioner’s duty to inform a patient beyond doubt about their condition or procedure.  

Link: http://health.india.com/news/sc-judgement-in-medical-negligence-case-historic-saha/

Republished here by courtesy of Health India.Com


Comments:

Look, it happened even to a doctor.