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  • SC awards Rs 5.96 cr compensation in medical negligence case

    Published on October 24, 2013

    In the highest ever compensation awarded in a medical negligence case, the Supreme Court on Thursday asked huKolkata-based AMRI Hospital and three doctors to pay a whopping Rs 5.96 crore along with interest to a US-based Indian-origin doctor who lost his 29-year-old child psychologist wife during their visit to India in 1998.

    A bench of justices C K Prasad and V Gopala Gowda raised the compensation amount of Rs 1.73 crore, awarded by the National Consumer Dispute Redressal Commission (NCDRC) in 2011, to Rs 5.96 crore to Kunal Saha, an AIDS researcher in Ohio, and asked the Advanced Medicare and Research Institute (AMRI) and the doctors to pay the amount within eight weeks along with interest at the rate of 6 per cent from the date of filing of the case in 1999.

    Terming the verdict as “historic”, Saha in an email from the US said,”this will have a major impact on medical negligence and standard of medical care in India”.

    He said, “This will send a strong message to all negligent doctors and unscrupulous hospitals that are reaping innocent patients everyday across India.”

    In May 2009, the apex court had awarded a record compensation of Rs one crore to wheelchair-bound Infosys engineer Prashant S Dhananka for medical negligence in a surgery by Hyderabad’s Nizam Institute of Medical Sciences (NIMS) which damaged his spinal chord. He died in 2011.

    The apex court, in its common judgement, partly allowed the appeals of Saha, who had sought enhancement of compensation, and three senior Kolkata-based doctors, Dr Sukumar Mukherjee, Dr B N Halder and Dr Balram Prasad.

    NCDRC, in its judgement, had said AMRI and Dr Mukherjee would pay Rs 40.4 lakh each to Saha, while two other doctors, Halder and Prasad, would pay Rs 26.93 lakh each to him.

    The apex court said out of the total amount, Dr Balram Prasad and Dr Sukumar Mukherjee will pay Rs 10 lakh each and Dr Baidyanath Halder will have to pay Rs five lakh to Saha within eight weeks.

    One of the four treating doctors, Abani Roychowdhury, died during the pendency of case.

    The rest of the amount, along with the interest, will be paid by the hospital, it said, adding that a compliance report be filed before it after the payment of the compensation.

    Anuradha, a child psychologist, had come to her home town Kolkata in March 1998 on a summer vacation.

    She had complained of skin rashes on 25th April and died there on 28th May 1998.


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