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PBT President Argues For A Doctor-victim In Rs. 12 Crore Compensation Claim Against Apollo Hospital: NCDRC Rejects Hospital’s Application For “Inflated Claim”

In a major case of medical negligence with a claim of Rs. 12 crore for wrongful death of a doctor’s husband against Apollo Gleneagles Hospital in Kolkata, PBT president Dr. Kunal Saha personally appeared on behalf of the victim before the circuit bench of National Consumer Forum (NCDRC) on Tuesday (June 20) and argued against Apollo’s claim that the case should be dismissed summarily because the compensation sought was too excessive. After hearing both parties, a bench of Justices Mr. Ajit Bhariahoke and Mrs. Rekha Gupta rejected hospital’s petition and said that the final quantum of compensation will be decided only after the trial based on evidences.

The advocates for Apollo Hospital also challenged participation of Dr. Saha to represent the complainant/victim on the plea that the complainant already has an advocate and that Dr. Saha is not a licensed attorney. Dr. Saha admitted that he is a medical doctor and not a licensed attorney and that he and his organization’s (PBT) sole purpose is to help the hapless victims of medical negligence find justice. Dr. Saha also submitted that he has appeared and argued many other victims of medical negligence before the district, state and national consumer courts as well as in the Supreme Court of India but he or PBT has been helping victims all over India without ever taking a rupee from anybody. Dr. Saha further submitted that in fact he has been spending lakhs of rupees of his own money in order to help these victims that include expenses for his travel (from his country of residence in USA), hotel and food etc. This case involves death of a retired engineer, Mr. Asok Das, husband of Dr. Kalyani Das Sarkar, who died at the Apollo Hospital following a simple investigation to test his heart (cardio angiogram) as a result of a botched up procedure. The case will be heard on merit next on 13th November, 2017. Dr. Saha has come to India earlier this month only to help several victims of alleged medical negligence in their court cases pending before the consumer courts in different states (see news below).

Statesman (June 21, 2017)

Bartaman (June 21, 2017)

{ 16 comments… add one }

  • PRADEEP NAUHARIA June 22, 2017, 10:03 am

    Sir,

    My Sister’s Husband died due to medical negligence in a case of surgery for repair of left inguinal hernia in a Delhi Hospital. He was the only earning member in the family.

    My Sister has filed a complaint before the. Delhi State Consumer Commission.
    The same is fixed in July, 2017 for evidence.

    Can she get any help from PBT/ Dr. Kunal Says by way of Medical Expert’s Opinion which can be used in evidence.

    Thanks and regards.

    • PBT June 22, 2017, 8:52 pm

      You can try to contact Dr. Kunal Saha directly at his local (Delhi) telephone at 9958744305 or send him a text message explaining your situation since he is in India right now.

  • PRADEEP NAUHARIA June 22, 2017, 10:06 am

    Correction: Dr. Kunal Saha.
    Error courtesy: Auto Correct function.

  • Ganesh Mandal June 22, 2017, 10:42 am

    Thanks to Dr. Saha and his PBT for their helping to the victim’s family during their crisis time. Goddess Ma Durga bless him.

  • Dr. S. K. Thakur June 22, 2017, 11:04 am

    Congratulations Dr. Saha. Please do write to the Joint Commission International also about the case.

  • Yatish Bhattacharya June 22, 2017, 11:30 am

    Defies all comments. Salute to PBT n its President Dr. Kunal Saha in particular.

  • Dhiraj Solanki June 22, 2017, 9:50 pm

    I highly appreciate the working of PBT and also want to contribute in their mission

    • pbtindia June 23, 2017, 12:49 am

      You are most welcome to join hands with PBT in our battle for medical justice for all patients and victims of medical negligence in India. Please contact PBT office (see numbers under “Contact us”). You may also contact PBT president Dr. Kunal Saha directly at his local number at 9958744305 since he is in India right now.

  • Rabindra Prasad Sah June 23, 2017, 12:16 am

    Sir,
    My case is also pending with National Consumer Forum since May’2012.The case has been filed against Apollo Gleneagles,Kolkata for treatment of hysterectomy of my late Anita Prasad, but Dr.Poonam Banka, Dr. Bindu Kedia and her team punctured the intestine and ignored it, resulting in fatal death. The forensic department of WB Govt Hospital has clearly mentioned the negligence on the part of hospital and erring Doctors, but MCI, New Delhi has protected the Doctors in their report. Now, please advise me the further course iof action. My advocate Mr. T.V.George has filed case in Delhi High Court against the order of MCI.
    Regards
    Rabindra Prasad Sah

    • pbtindia June 23, 2017, 12:46 am

      Please contact PBT president, Dr. Kunal Saha at 9958744305 to discuss your case directly. He is in India right now.

    • Dr. S. K. Thakur June 23, 2017, 2:35 am

      Probably Apollo Gleneagles Hospital has the highest no of medical negligence cases pending against it in different courts. I request PBT to compile the data of medical negligence cases against this clinical establishment. I am ready to help.

  • Dr. S. K. Thakur June 24, 2017, 1:02 am

    Dr Saha,
    Even the WB clinical establishment regulatory body found the Apollo Gleneagles Hospital guilty of its conduct in a recent case and imposed a fine of Rs 30 lacs. Here is the link
    http://www.thehindu.com/news/national/bengal-slaps-fine-on-apollo-hospital/article19136702.ece
    Plz do in depth study regarding the medical negligence cases against this hospital. I wonder what the WBMC is going to do now !

  • Parag June 24, 2017, 2:04 am

    Excellent Selfless 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

  • Dr. James Goldberg June 25, 2017, 10:30 am

    It is necessary to realize that Apollo Hospitals in India are all accredited by the Joint Commission International (JCI). The JCI is a hospital accreditation agency based in the United States who appears to bestow credibility using their imprimatur: in fact these a”seals of approval” are PURCHASED by the hospital. The JCI provides guidelines, but without any policing authority or responsibility. In other words, a fraud designed to make it appear that a hospital is operating to high standards when in fact, they are completely free to do as they wish.

    The JCI is doing this around the world: they are criminals: read my book and visit my website at http://www.theamericanmedicalmoneymachine.com The book printed book can be purchased on Amazon.com. The American Medical Money Machine by Dr. James Goldberg.

  • K.ANAND June 27, 2017, 2:57 am

    Sir i am fighting against psychiatric doctors who are helping rehab mafia in the name of treatment they are confining the patients in their rehabilitation centres for years together without sufficient cause. In 2016 telangana state medical council suspended 3 doctors for six months in our complaint . As a victim in one of such centre i filed a complaint in state consumer Forum. One of the doctor Dr.Minhaj nasirabadi who is working as professor in VRK womens medical college as full time, applied and got licence to maintain private hospital by name SAMATA REHABILITATION AND PSYCHIATRIC CENTRE. As the licensee is working some where else as professor all the work like admission and treatment will be carried by the non technical people. This type business is bone by almost all psychiatric hospital in india some have license and some hospital are without any any license .

  • Vivek singh July 10, 2017, 10:23 am

    Want the details of good lawyer to fight in kolkata State commission,
    Already won in state commission but when gone to NCDRC, I got in touch with a bad lawyer and he cheated us, again our case came back to state commission.

    Plz help us to provide details of Reputed lawyer..

    My case in pending from 2007.

    Still it’s in West Bengal state commission.

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