Highest medical claim

It’s a landmark event in the annals of Indian medical history. The highest claim for compensation thus far has been filed by US-based NRI doctor Kunal Saha in the Supreme Court yesterday. It amounts to Rs.1.43 billion or Rs.143 crore. [Image Source]

Dr. Kunal Saha, presently an AIDS researcher, has made the claim against 5 city doctors - Sukumar Muherjee, Baidyanath Halder, Abani Roychowdhury, Balaram Prasad and Kausik Nandy – and AMRI Hospital where his wife Anuradha was treated but she later died there allegedly because of negligence.

Dr. Saha’s fight for justice went through several ups and downs. First, the Alipore Court found Dr. Mukherjee and Dr. Halder guilty of criminal negligence and sentenced them to 3 months' rigorous imprisonment with a fine Rs.3000 on May 29, 2002. This ruling was later reversed by the Calcutta High Court in March 2004.

Meanwhile, in June 2006, the Delhi-based National Consumer Disputes Redressal Commission (NCDRC) dismissed Dr. Saha's compensation case after 7 years of hearing.

It’s ultimately in the Supreme Court that the fate of the case lies. Significantly, the apex court has tagged a ‘criminal appeal’ made by Dr. Saha with the above compensation claim, and both are now expected to be decided on together.

To his credit, Dr. Saha is not only fighting the case till the very end, he has also pledged that if he wins any money as compensation, he would donate the entire amount for the promotion of healthcare in India. To that extent, he has formed a humanitarian society, People for Better Treatment (PBT), to help victims of medical negligence.

It’s with bated breadth that the country awaits the judgment by the apex court. This article is based on this report at m&c.



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