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Doctors and Hospitals Demand “Cap” On Compensation For Medical Negligence: PBT Demands “Accountability” On Doctors and “Cap” On Doctor Fees and Hospital Charges

In an open debate before a public forum aired in NDTV today (Dec. 6), top leader of the Indian Medical Association (IMA) and several private hospital as well as diagnostic center owners argued that government must impose a “cap” or limit on the maximum amount of compensation that the negligent doctor/hospital may have to pay for causing wrongful death of a patient. Although the doctor-leaders did not explicitly say what would be the amount of this “cap”, IMA has been claiming for a long time that no hospital or doctor should pay more than Rs. 10 lakh for death of a patient under any condition. Dr. K.K Aggarwal, IMA Secretary-general and a long-time close associate of disgraced ex-MCI president Dr. Ketan Desai, attempted to make a laughable argument that IMA is demanding for a “cap” in medical negligence cases not to protect the doctors/hospitals but only for the sake of the “poor” patients of India. The doctor-leaders also asserted that Judges in the consumer courts or even in the Supreme Court are not equipped to adjudicate appropriate compensation in “medical negligence” cases because Judges are not able to understand the complex science of medicine. However, PBT president Dr. Kunal Saha also participated in this discussion through the Internet from his residence in USA and strongly argued that the idea to put a “cap” for compensation in medical negligence cases is totally misguided. Dr. Saha also argued that despite medical rules and regulations, private hospitals and doctors charge exorbitantly and bankrupt many patients and their families, often through bogus testing and medical procedure. He demanded that government should assure strict accountability for all doctors and hospitals if there is any hope to end the rampant incidence of medical practice in India. Mr. Sishir Chand, PBT coordinator in Delhi (Tel: 9810919282) also attended this public forum. The entire NDTV program may be viewed at the following link:

http://www.ndtv.com/video/player/we-the-people/medical-compensation-a-bitter-pill/393754

Comments on this entry are closed.

  • Ilyas December 7, 2015, 11:16 am

    Good debate!!!
    Dr. Saha and Shishir….Keep it up…!!!
    Of course there must be liability / accountability or responsibility fastened compulsorily on negligent doctors and hospitals, who found to be guilty in court of law….Rather than a ‘cap on compensation’ will encourage them to repeat their mistakes which can cost health or even precious lives to innocent patients.

  • S.K.Thakur December 7, 2015, 7:50 pm

    I beg to differ from the statement of Dr.K.K.Agrawal that in “medical negligence” cases Judges are not able to understand the complex science of medicine. From my experience of fighting a case of gross medical negligence since last six years I feel that it is the doctors sitting in ethics committee of SMC & MCI, who lack the basic knowledge of medicine. I am expressing my view exclusively in connection of my case. If I am proved wrong I ll readily surrender my registration to the MCI. There is need to include common men in medical councils as is being done in so many countries.

    • France December 24, 2015, 9:18 pm

      for a working moehtr in a private firm i always see to it that i know the things my family can received just in case unfavorable incident occurs while in working hours or place it is important to know what the company offers to their employees before signing in a contract

  • Parag December 8, 2015, 10:51 am

    Excellent Debate! Dr. Saha has been on the spot with many of his arguments.
    Few points:
    1) Let the court decide whether a Doctor has made a genuine mistake or has been negligent. Being negligent is a crime, if the punishment to this crime is capped then we should also cap the punishment of terrorists, murderers and other criminals.
    2) Many a times people seeking justice in case of medical negligence are not looking for monetary compensation but are looking for punishing the Doctor’s because of whom they have lost their loved ones. Putting a cap on this punishment is absolutely unfair to all these families cause they have lost the most precious possession of their life because a Doctor has knowingly committed a mistake i.e. has been negligent in carrying out his duties.
    3) Eventually if the patients loose hope in the legal system because of these preposterous demands of putting cap on crime committed by Doctor’s, then these patients would take justice in their own hands. We shall see more and more Doctor – Patient conflicts and violence.

    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

    • Eliza December 24, 2015, 9:31 pm

      The no win no fee program is such a hlepful program for those really in need. Just imagine having been injured and not collecting claims and yet you have to pay for the attorneys fees. it could be more painful for the injured and his family.

  • sonia December 10, 2015, 6:29 am

    This reminds me of the cap on prison sentence for builders (maximum 3 years) proposed by the amended Real Estate Regulatory Bill. When no cap has ever been imposed on the extent of suffering that victimizers are allowed to impose on their victims, what sense does it make to put a cap on compensation for victims or on punishment for victimizers?
    Protection for the rich and powerful, no protection for the others at all… as usual

    • Abdou December 24, 2015, 9:32 pm

      that’s why it is important for us to know if the bueissns or company we are working with offers work compensation. because we can’t afford to get sick and at the same time not getting paid for the time we’re off from work

  • sonia December 10, 2015, 6:31 am

    Very often willful negligence and willful abuse of patients is passed off as ‘medical negligence’ by all those in cahoots with the medical fraternity.