SC asks Kolkata's AMRI hospital pay Rs 5.96 cr for medical negligence

Discussion in 'Politics & Society' started by Ray, Oct 24, 2013.

  1. Ray

    Ray The Chairman Defence Professionals Moderator

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    SC asks Kolkata's AMRI hospital to pay Rs 5.96 cr for medical negligence

    The Supreme Court on Thursday awarded a whopping Rs 5.96 crore as compensation to be paid by Kolkata-based AMRI Hospital and three doctors to a US-based Indian-origin doctor for medical negligence which led to the death of his wife in 1998.

    A bench of justices S J Mukhopadhaya and V Gopala Gowda asked the hospital and the three doctors to pay the amount within eight weeks to Kunal Saha, an Ohio-based AIDS researcher.

    The National Consumer Dispute Redressal Commission (NCDRC) in 2011 had awarded Rs 1.73 crore to the doctor whose wife Anuradha Saha died in 1998 following faulty treatment administered at the hospital.

    Raising the amount of compensation, the apex court also asked the hospital to pay an interest at the rate of six per cent to Saha.

    The court said out of the total compensation 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.

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

    NCDRC had fixed the compensation on a direction by the apex court, which had referred Saha's appeal to it while holding the three doctors and the hospital culpable to civil liability formedical negligence which had led to the death of Anuradha.

    Anuradha, herself a child psychologist, had come to her home town Kolkata in March 1998 on a summer vacation. She complained of skin rashes on April 25 and consulted Dr Sukumar Mukherjee, who, without prescribing any medicine, simply asked her to take rest.

    As rashes reappeared more aggressively on May 7, 1998, Dr Mukherjee prescribed Depomedrol injection 80 mg twice daily, a step which was later faulted by experts at the apex court.

    After administration of the injection, Anuradha's condition deteriorated rapidly following which she had to be admitted at AMRI on May 11 under Dr Mukherjee's supervision.

    SC asks Kolkata's AMRI hospital to pay Rs 5.96 cr for medical negligence - Indian Express

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    Will this wake up the hospitals and they be accountable to the patients?

    I wonder. Since, all cannot have the finances or patience to fight it out in courts against well heeled hospitals.
     
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  3. drkrn

    drkrn Senior Member Senior Member

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    Re: SC asks Kolkata's AMRI hospital pay Rs 5.96 cr for medical neglige

    this is unjustified.a doctor can not be charged for not having knowledge about the disease and treatment.only he can be charged for wrong treatment or intentional deeds.

    depo medrol is just methylprednisolone.a person wont die with that injection itself.

    the case should be some thing more than an injection.sure cases like these will sky rocket medical prices
     
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  4. VIP

    VIP Ultra Nationalist Senior Member

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    Re: SC asks Kolkata's AMRI hospital pay Rs 5.96 cr for medical neglige

    Article lacks lots of info. But you can't charge any doc on the basis of given treatment to patient unless he has some wrong intentions. Frankly, medical negligence cases should be prosecuted by panel of docs, not by lawyers. Only judgment should be passed by a judge.
     
  5. bose

    bose Senior Member Senior Member

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    Re: SC asks Kolkata's AMRI hospital pay Rs 5.96 cr for medical neglige

    I had the similar misfortune with my Father some 14 years back, when the Doctors asked my father to go for the bypass surgery which his heart was not in a position to take after two consecutive attacks in a span of 6 months... This was a misjudgment made by the doctors that cost my Father’s life on the operation theater itself and not only that they realized their mistake and kept him on the life support when he was not alive... I did not have the means to fight back then...
     
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  6. Known_Unknown

    Known_Unknown Devil's Advocate Stars and Ambassadors

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    Re: SC asks Kolkata's AMRI hospital pay Rs 5.96 cr for medical neglige

    Nonsense. Doctors are dealing with human lives, and their professional incompetence can lead to death. Just like a civil engineer can be prosecuted if a bridge collapses, doctors should also be prosecuted if their actions result in the death/injury of their patients.

    In India, medical malpractice is too common and patients have little to no recourse in such events.
     
  7. drkrn

    drkrn Senior Member Senior Member

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    Re: SC asks Kolkata's AMRI hospital pay Rs 5.96 cr for medical neglige

    malpractice/misconduct/negligence should be.not wrong diagnosis.even the law states as such
     
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  8. drkrn

    drkrn Senior Member Senior Member

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    Re: SC asks Kolkata's AMRI hospital pay Rs 5.96 cr for medical neglige

    if there are 2 consecutive attacks in 6 months gap,it means a high probability of 2 or 3 vessel block.which mandates bypass surgery.
    you said this is 14 years back

    there are limited non surgical cardiac interventions in india way back then.
    doctors took their chance to save your father

    if you dont believe me look for what is 3 vessel block
     
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  9. VIP

    VIP Ultra Nationalist Senior Member

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    Re: SC asks Kolkata's AMRI hospital pay Rs 5.96 cr for medical neglige

    If docs' action lead to death to patient, I don't think there would be a single doc in India. Nobody would want to be a doc. Remember, docs don't want to kill patients, if you have any doubt regarding diagnosis, have a 2nd opinion. And there's a big difference between malpractice and misdiagnosis.
     
    Last edited: Oct 25, 2013
  10. sob

    sob Moderator Moderator

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    Re: SC asks Kolkata's AMRI hospital pay Rs 5.96 cr for medical neglige

    there have been cases of a couple of Government hospitals in W.Bengal where there have been mysterious infant deaths. IIRC one such hospital has been reporting it for a couple of years now. I have never heard of action being taken.
    @VIP in some cases there is negligence on the part of the doctors also. We cannot absolve Docs for all the cases. Yes I agree with you there can be wrong diagnosis, but as a patient or a family member it is no consolation.
     
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  11. sayareakd

    sayareakd Moderator Moderator

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    Re: SC asks Kolkata's AMRI hospital pay Rs 5.96 cr for medical neglige

    If their is negligence then doctor is liable.
     
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  12. cloud

    cloud Regular Member

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    Re: SC asks Kolkata's AMRI hospital pay Rs 5.96 cr for medical neglige

    what about the 20% doctors who come from quota and don't even secure 20% marks in medical exam and another 20-30% who come from pay quota.. After all they learn from their experience, experimenting the medicines on patients.. Also nowadays I see a fashion in doctor to have tablets etc, and they start searching about it immediately in front of patients if they see something which they can't understand.

    A small example from My father's case. We got his surgery done from the best hospital in Hyderabad (Appollo Jubli Hills). He always had this dry cough problem, and was too much, since he started his medication almost 2 years back. We were concerned about this before his surgery. They sent team of 4 doctors twice in ward to check on this(cost 500x4x2=4000/- alone for consultation fees). No one had a clue. Anyhow we got the surgery done. Later after 6 months again we went to Apollo, this time ENT specialist(their one of senior doc). He did some 5k of test, and determined that this was bronchitis. He gave some medicines, but no effect for one month. Then we took him to one ENT doc in Bhopal on recommendation of my sister. He just looked at my father prescribed medicines, and immediately told that one of the medicine has allergic effect and asked to get it changed. The problem was solved with 15 days. No doubt the facility was very good in Apollo, but it really made me angry that the heart doc(senior one) didn't know the allergic side effect of the medicine they were giving, nor those 4 docs who visited him in ward, nor that Apollo ENT specialist..
     
  13. sob

    sob Moderator Moderator

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    Re: SC asks Kolkata's AMRI hospital pay Rs 5.96 cr for medical neglige

    @cloud, quota reservation is one thing for admission, but passing out and securing jobs in the Pvt. sector thankfully till today is based on merit.

    And especially big hospitals like Apollo will not wilfully employ incompetent doctors.
     
    Last edited by a moderator: May 10, 2015
  14. cloud

    cloud Regular Member

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    Re: SC asks Kolkata's AMRI hospital pay Rs 5.96 cr for medical neglige

    I kind of think that way, that's why we spent almost twice in the name of Apollo.. But somehow for Big Hospitals it seems money is more important for docs then patients.
     
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  15. sayareakd

    sayareakd Moderator Moderator

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    Re: SC asks Kolkata's AMRI hospital pay Rs 5.96 cr for medical neglige

    It is big business for them, that is why 5 star treatment at 5 star cost. So court awards 5 star damages.
     
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  16. VIP

    VIP Ultra Nationalist Senior Member

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    Re: SC asks Kolkata's AMRI hospital pay Rs 5.96 cr for medical neglige

    If there's negligence from doc's side, punish him. But there's big difference between misdiagnosis and negligence. Patients and relatives can't understand what's the difference when it comes to medical profession. That's why I said that such cases must be investigated only by high profile panel of doctors.
     
    Last edited by a moderator: May 10, 2015
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  17. VIP

    VIP Ultra Nationalist Senior Member

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    Re: SC asks Kolkata's AMRI hospital pay Rs 5.96 cr for medical neglige

    That's not true. And let's say it's right for some random apollo hospital or let's say hypothetically it's true about every Apollo hospitals, but still not everyone can afford treatment in Apollo. Frankly, Apollo does much more malpractice to earn money.
     
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  18. VIP

    VIP Ultra Nationalist Senior Member

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    Re: SC asks Kolkata's AMRI hospital pay Rs 5.96 cr for medical neglige

    Such big names aren't run by docs. They are run by corporate people.
     
  19. VIP

    VIP Ultra Nationalist Senior Member

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    Re: SC asks Kolkata's AMRI hospital pay Rs 5.96 cr for medical neglige

    By just reading comments here, I have to say that Dr.House is true. "BETTER MURDER THAN A MISDIAGNOSIS." No doctor wants to kill his/her patients. If treatment or diagnosis fails despite efforts from doctor, nobody can blame him.
     
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  20. drkrn

    drkrn Senior Member Senior Member

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    Re: SC asks Kolkata's AMRI hospital pay Rs 5.96 cr for medical neglige

    walk a mile in their shoes before you complain against them.

    the government hospitals are the usual "terminal"referral centers for cases that couldn't be dealt at corporates or peripheries.may be due to economy or because of highly complicated nature of the disease forcing corporates not to take such cases.

    obviously mortality is high.the relatives cant afford even the medicines that were unavailable at our hospitals.more importantly they do not understand the gravity of the situation how their kid is in.

    i will give you a task.go to any corporate hospital (any) and ask would they admit a complicated case which is surely moribound---answer is obviously no.

    govt sector takes the brunt.

    true negligence is there on part of doctors.we have to agree.

    the patients relatives should accept the reality.even the most experienced professors stumble in some cases.

    for example the case mentioned in this very article.toxic epidermal necrolysis-i have only seen 1 case in my medical curriculum
     
    Last edited by a moderator: May 10, 2015
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  21. sob

    sob Moderator Moderator

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    Re: SC asks Kolkata's AMRI hospital pay Rs 5.96 cr for medical neglige

    Completely agree with your point. Very Valid.
     

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