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National Consumer Court Imposes Rs. 1 Lakh Penalty Against Neurosurgeon For Delaying Court Proceedings: PBT President Argues On Behalf Of Negligence Victim

In a historic and unprecedented order passed against Dr. Alok Khan, an neurosurgeon from Kolkata accused of causing death of a patient from a botched brain surgery, division bench presided by Justice D.K. Jain, president of the National Consumer Forum (NCDRC), has directed Dr. Khan and the nursing home (owned by Dr. Khan) to pay a penalty of Rs. 1 lakh “for their absence before the State Commission as well as for the delay in the complaint attaining finality” (see the NCDRC Judgment below).

Shamali Sikdar, widow of the alleged victim, came to PBT in 2012 seeking help in her quest for justice after her husband died following a botched surgery for a non-malignant brain tumor. Dr. Kunal Saha, PBT president, argued before the State Commission in West Bengal on behalf of the victim while the accused doctor delayed the proceedings for years by not accepting legal notice from the court. The State Commission eventually delivered an ex perte verdict last year awarding Rs. 25.5 lakh (including Rs. 50,000 as legal cost) against Dr. Khan against which the doctor moved the NCDRC. While remanding the case back to the State Commission to give an opportunity to the accused doctor to put up his defense, NCDRC has also directed that the matter must be completed within a period of 6 months. Further, considering PBT’s benevolent attempt to pro bono help for the victim and Dr. Saha’s situation, NCDRC has also directed that the State Commission should consider the fact that Dr. Saha is generally a resident of USA while fixing the hearing dates.

ncdrc-judgment-jan-5-2017-sikdar-case-kunal-saha-advocate

Comments on this entry are closed.

  • Ravindra Srivastava January 11, 2017, 10:53 am

    I greatly appreciate the missionary zeal of Dr Kunal Saha.
    Have credentials and capacity to help the cause u are championing.Always available,preferably in Lucknow.
    Successful in my wife’s case decided in our favor by SCDRC Delhi CC No 119/09 vide Order dt 05.08.2014. Now in Appeal before National Commission,(Smt. Sheela Srivastava(deceased) .Represented thru her legal heirs vsRajiv Gandhi Cancer Institute and Research Centre & their 5 Doctors.

  • Ganesh Mandal January 11, 2017, 11:46 am

    Thanks to Dr. Kunal Saha for helping medical negligence victims and appreciate your patience , time and money spending behind these cases. Ma Durga bless you all.

  • Parag January 14, 2017, 1:43 am

    Great going and please keep up the good work!!!

    My family is also a victim of medical negligence. Just like you, I’ve also started a petition “Medical Council of India, Lilavati Hospital: Cancel License, expel Corrupt Nephrologist Hemant Mehta, Prashant Rajput who killed my Mom”.

    Request you to go through the petition and please sign the petition. 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

  • Mahender Singh January 16, 2017, 5:15 am

    Dr Shah,

    Keep going and Destiny will punish violators.

    You have done great job for sufferers of medical negligence by providing this platform.

    Notices were issued by Honorable NCDRC in revision petition in my daughter’s facial palsy case due to birth trauma.

    Fight till last breath.

    It is a long journey but you are not alone.

    Almighty & we victims of medical negligence are with you.

    Jai Hind.