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Apollo Gleneagles Hospital in Kolkata Held Guilty For “Squeezing Money” and “Deceiving” Patient: PBT President Wins Case On Behalf of the Victim

A three-judge bench of Kolkata District Consumer Disputes Redressal Forum passed a historic judgment holding the Apollo Gleneagles Hospital in Kolkata and two of their doctors, Dr. Asoke Sengupta (Surgeon) and Dr. Srijita Ghosh Sen (Radiologist) guilty for causing mental agony and harassment to a patient through unethical and negligent therapy. This case was fought by PBT on behalf of the hapless victim from a remote village in West Bengal as PBT president, Dr. Kunal Saha, personally appeared before the court (during his last trip to India) and argued the case against the powerful Apollo Gleneagles Hospital. The Consumer Court made numerous scathing observations in regard to the incompetent and unethical doctors as well as the unfair trade practice that the Apollo hospital has been involved only to cheat the innocent patients (see the judgment below).

The victim in this case did not die or suffered any permanent injuries but he suffered endless mental as well as physical harassment due to the greed by the Apollo doctors. The Kolkata doctors recommended needless investigations (CT and X-ray) but did not bother to explain that the patient was not affected with any serious illness. Fearing for life, the victim rushed to Mumbai Tata Cancer Center where he was clearly told that he had nothing to be worried. Since there was no real physical injury suffered by the victim, the court granted a compensation of Rs. 40,000/- (Forty thousands) for pain and suffering including Rs. 10,000/- as “litigation cost” to be paid, jointly and severally, by the Apollo Hospital and the two guilty doctors. In addition, the court has also directed that if the hospital and two doctors fail to pay the compensation within 1 month from the date of the Judgment, i.e. 30th September, 2015, they will have to pay additional “penal damages” at the rate of Rs. 200/- each day.

After holding the Apollo Gleneagles Hospital and two doctors guilty, the court also made numerous scathing and remarkable observations underscoring the greed and lack of compassion by the hospital/doctors some of which are reproduced below:

(page 15) “…….we are convinced that the entire part of examination and opinion of the Dr. Asok Sengupta is against ethics of medical science and it is not proper type of prescription, such a prescription is not even written by the Quack doctors……this is the position of the Apollo Gleneagles Hospital, their doctors who are there only for collecting money, squeezing money by different methods but treatment is ‘zero’ and that is the fundamental medical trade to deceive the patient …..”

(page 16) “But truth is that the doctors who are operating such machine for CT Scan, MRI etc. are not practically aware about the machine or about its operation. Everything is done by the technicians.”

(page 17) “Two doctors, one FRCS and another MRCP talked with each other along with report of Apollo Gleneagles Hospital report, CT chest report but both of them only talked and gossiped but no result is noted that is the conduct of the OPs and such a practice on the part of the OPs is no doubt unethical and against medical philosophy and for their negligent and deficient manner of treatment and diagnosis complainant suffered mental suffering, physical suffering, family suffering and financial suffering.”

Judgment (Sept 30, 2015) DISTRICT CONSUMER COURT KOLKATA (Apollo-Nadia Case)

Comments on this entry are closed.

  • Koushik Bhattacharjee October 9, 2015, 9:59 am

    While the judgement is welcome,it shows the overall condition of the medical fraternity in whole and Calcutta in particular.The bigger the hospital,the bigger the unethical practise to symphony money from helpless patients who come with faith and hope on the hospitals.The hospital is more responsible for this in quest to make their balance sheet healthy.This is unfortunately due to the pathetic cindition of the government hospitals for which the doctors are responsible for fleeing the patients to flock to hospitals Like Apollo.Shame and unfortunate.

  • Ganesh Mandal October 9, 2015, 10:55 am

    Dr. Saha ,
    Congratulation for wining this case. It is always win of truth as you are fighting for the innocent and helpless patients . God bless you and your team.

  • Dr T.K.Chatterjee October 9, 2015, 7:49 pm

    Dear Dr Kunal Saha,
    It is great to win against unethical & negligence practice in the field of medical
    profession, where patients are helpless. You have done an unique job on
    behalf of Good Medical Professionals like us. We are with you in good deeds.
    Thank you so much.

  • Parag October 9, 2015, 11:48 pm

    Congratulations Dr. Saha, for winning this case as well!

    Hi All!

    My family is also a victim of medical negligence. I’ve started the petition “Medical Council of India, Lilavati Hospital: Cancel License, expel Corrupt Nephrologist Hemant Mehta, Prashant Rajput who killed my Mom” and need your help to get it off the ground.

    Will you take 30 seconds to sign it right now. Here’s the link:

    http://www.change.org/p/medical-council-of-india-lilavati-hospital-cancel-license-expel-corrupt-nephrologist-hemant-mehta-prashant-rajput-who-killed-my-mom

    Thanks!
    Parag

    • Vijaya October 10, 2015, 9:24 am

      Dear Parag,
      I read your petition and am very sorry that this has happened to you. You should collect all the evidence and file a case of medical negligence. Do not delay. No one is going to dismiss doctors because few people sign a petition. You have to prove it in court. Please do not approach the District Forums as you will be stuck there for years and there are many things happening in these that we cannot see on the surface. Please approach State Commission directly after getting a good advocate.

  • Seshadri R October 10, 2015, 12:23 am

    Dr Saha,

    Congratulations for winning this case. In India, we have to go long way to change things. I hop you are in the right direction and wish you win in your all efforts.

  • Asit Paul October 10, 2015, 8:52 am

    Congratulations

  • a.k.saha October 12, 2015, 7:42 am

    Congrats. Dr.saha . it is all the more praiseworthy that u have fought and won the case of a poor from a remote village.

  • S.K.Thakur October 14, 2015, 2:08 am

    The top executives of this hospital gave me the wrong information about the doctor, who first attended my younger brother. This I came to know only recently. I lost my younger brother due to gross medical negligence of health care workers of this hospital on 9/4/2010. I am going to file a writ in this connection. The tardy progress of legal proceedings is the biggest advantage they have.

  • Biswanath Mitra November 4, 2015, 1:57 am

    Dr. Kunal Saha.
    I am very much fan of yours . Since I am associated with an NGO which is working in the field of Health since 1991 , I read every article and case history as given in your Website.
    I have experienced that whenever any emergency patient is got admitted in any so called Private Hospitals , his treatment Bill in a day makes huge . Patient party spends time in agony thinking on the one hand patient’s plight and on the other how they will arrange the fund for Hospital Bill.
    My request is before you — can workshop organise on how to check day to day Hospital Bills and how to protect from this manipulated and exaggerated Bills of Hospitals and also how to stop unnecessary investigations and tests.

    With thanks and kind regards
    Biswanath Mitra
    bnmitra09@gmail.com