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CBI convicted doctors are running MCI: PBT Appeals to the Human Rights Commission |
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To read a copy of this appeal, click here New Political Gimmick for 3-year Medical course for Rural Doctors: PBT's petition admitted by the Delhi High Court To read a copy of this petition, click here New Laws for "Medical Negligence" in India: Implications of the Supreme Court judgment in "Anuradha Saha" Death Case On 7th August 2009, the Supreme Court of India (SC) passed the final verdict in the “Anuradha Saha” wrongful death case (click here to see the entire judgment). The Supreme Court has held four eminent Kolkata doctors (Sukumar Mukherjee, Abani Roychowdhury, Baidyanath Halder and Balaram Prasad) and Advanced Medicare Research Institute (AMRI), a premier private hospital in Kolkata, responsible for causing death of Anuradha Saha from medical negligence. The SC has sent the case back to the National Consumer Disputes Redressal Commission (NCDRC) solely to determine the quantum of compensation (out of a claim of Rs. 77.7 crore plus interests for the past 11 years) that these doctors and hospital must now pay for causing death of Anuradha Saha. In addition, the SC has also imposed a penalty of Rs. 5 lakh and Rs. 1 lakh against AMRI hospital and Dr. Sukumar Mukherjee, respectively, for their stance. The Apex Court has made numerous observations in this historic judgment that will have far-reaching consequences for deciding cases against doctors and hospitals in India. The SC has also set categorical rules about “patients’ rights” and duty of the doctors/hospitals toward their patients in this judgment. Failure of any of the new rules, as established by the Apex Court in the Anuradha death case, would amount to “medical negligence” in India. Article 141 of the Indian Constitution mandates that the law declared by the Supreme Court shall be binding on all courts within the territory. All future cases of “medical negligence” must be decided after considering the views expressed by the SC in the “Anuradha Saha” death case. The members of the medical community are also urged to learn the specific new laws for medical negligence in view of this historic judgment.
To
view the most important points that have emerged from this judgment
and its possible significance for “medical negligence”,
click
here
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