Consumer Issues
SC asks Kolkata hospital, doctors to pay Rs5.96 crore for medical negligence

NCDRC had fixed the compensation on a direction by the apex court, which had referred Saha's appeal to it while holding the three doctors and the hospital culpable to civil liability for medical negligence which had led to the death of Anuradha Saha

The Supreme Court on Thursday directed Kolkata-based AMRI Hospital and three doctors to pay Rs5.96 crore as compensation for medical negligence. The apex court

awarded the whopping compensation to a Indian-origin and US-based doctor for medical negligence that led to the death of his wife in 1998.

 

A bench of justices SJ Mukhopadhaya and V Gopala Gowda asked the hospital and the three doctors to pay the amount within eight weeks to Kunal Saha, an Ohio-based AIDS researcher.

 

The National Consumer Dispute Redressal Commission (NCDRC) in 2011 had awarded Rs1.73 crore to Dr Saha whose wife Anuradha died in 1998 following faulty treatment administered at the AMRI Hospital.

 

Raising the amount of compensation, the apex court also asked the hospital to pay an interest at the rate of 6% to Dr Saha.

 

The court said out of the total compensation amount, Dr Balram Prasad and Dr Sukumar Mukherjee will pay Rs10 lakh each and Dr Baidyanath Halder will have to pay Rs5 lakh to Dr Saha within eight weeks.

 

The rest of the amount, along with the interest, will be paid by the hospital, the apex court said, adding that a compliance report be filed before it after payment of the compensation amount.

 

NCDRC had fixed the compensation on a direction by the apex court, which had referred Saha's appeal to it while holding the three doctors and the hospital culpable to civil liability for medical negligence which had led to the death of Anuradha.

 

Anuradha, herself a child psychologist, had come to her home town Kolkata in March 1998 on a summer vacation. She complained of skin rashes on April 25 and consulted Dr Sukumar Mukherjee, who, without prescribing any medicine, simply asked her to take rest.

 

As rashes reappeared more aggressively on May 7, 1998, Dr Mukherjee prescribed Depomedrol injection 80 mg twice daily, a step which was later faulted by experts at the apex court.

 

After administration of the injection, Anuradha's condition deteriorated rapidly following which she had to be admitted at AMRI on May 11 under Dr Mukherjee's supervision.

 

Saha, in his plea before NCDRC, had demanded a record Rs77 crore compensation.

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COMMENTS

nagesh kini

4 years ago

In the first place the time of 15 days is a classic case of justice grossly delayed.
Why did it take SC directions for the NCDRC to take up the cases?
That the medical profession has totally turned mercenary is an established fact - no longer the noble healing profession but crass commercial business.
The petitioner pertinently asks why IMC WB not cancelled the certificate of the guilty and Didi chooses to appoint him "Advisor" to the State Govt. What a low.

REPLY

nagesh kini

In Reply to nagesh kini 4 years ago

please read YEARS and not days.Sorry

NSriramamurty

4 years ago

Excellent award by Apex Court.Doctors for their negligence are asked by courts to Pay few Lakhs only so far . This shall be taken for Guidance in future by Courts, as otherwise Doctors are very Negligent. Hats off to Dr. SAHA for fighting his case for 15 Years till Apex Court.

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