Doctors and medical institutions in India seek immunity after committing mistakes, and this phenomenon should change, says Kunal Saha, who was recently awarded by the Supreme Court, the country’s highest compensation for medical negligence.
In October, the Supreme Court had ordered Kolkata-based AMRI hospital and its three doctors to pay an estimated Rs 11 crore (about Rs 6-crore basic compensation and 6 per cent interest since the case was filed in March 1999) as compensation. And the payment is to be made to Saha later next week.
“I am hopeful that this exemplary judgment on medical negligence in India will act as a deterrent for errant doctors and hospitals which don’t care for patients’ lives,” Saha, the US-based doctor, told
The compensation came after a 15-year-long legal battle that Saha undertook, following his wife Anuradha’s untimely death. “Surprisingly, the cost of a patient’s life in India is compared to the cost of a television set when doctors pay for their negligence,” says Saha.
Hoping that doctors and hospitals will be more accountable to their patients, he, however, wonders whether the aam aadmi could afford the process of seeking justice. “Being an American doctor, I got justice after spending crores. But can ordinary Indians afford it?” he asks.
Saha said that the AMRI management had filed a review petition on the October judgment. AMRI did not comment on the development. However, sources confirmed that the hospital management has filed a review petition and prayer for extension of time.
Recalling past examples, Saha pointed out that such review petitions were considered only in the case of an apparent error in judgment.
Going by the order, the AMRI management has to pay Saha the compensation by December 19 and submit a ‘compliance report’ to the apex court.
In fact, Saha adds that he would file a contempt case against the board of directors of the hospital if AMRI does not pay the compensation by then.