Navigation Links
Consumer Court Dismisses India’s Biggest Ever Medical Error Clai

The apex consumer court in New Delhi Thursday dismissed the case of highest-ever medical compensation claim filed by India-born US scientist Kunal Saha for the death of his wife in 1998 due to alleged wrongful treatment//.

The judgement of the National Consumer Disputes Redressal Commission (NCDRC) has 'shocked' the AIDS researcher.

'This judgement is utterly shocking not just for myself, but also for the millions of ordinary Indian citizens who seek justice against the hitherto 'untouchable' Indian doctors,' Saha told IANS from Ohio.

He vowed to see the end by moving the Supreme Court immediately against the judgement.

Saha had filed a Rs.770 million ($17 million) claim against a Kolkata hospital (AMRI) after the death of his wife Anuradha Saha, 36, due to alleged wrong treatment by three senior doctors - Baidyanath Halder, Abani Roychowdhury and Sukumar Mukherjee - in May 1998 when the couple were on a visit to Kolkata.

The NCDRC observed in its judgement while dismissing the case: "Whether the courts or the consumer fora can sit in appeal against the decision taken by the expert doctors with regard to administration of a particular dose of medicine? Answer would be - No.'

'It is to be judged in the light of particular circumstance of each case. Jurisdiction of the consumer fora would be limited in case of apparent deficiency in prescribing dose of medicine, i.e., in cases where doctors have not taken reasonable degree of care in prescribing a particular dose of medicine,' said the order given by a three-member panel led by NCDRC president M.B. Shah.

'Claim in the complaint is in crores i.e. Rs.77,76,73,500/- which is rate while the disease suffered by the wife of the complainant was also rare- TEN (Toxic Epidermal Necrolysis) which affects only 1 or 1.3 persons, out of 10 lakhs (1 million),' the order said.

'We reiterate that doctors or surgeons do not undertake that they will positively cure a patient. With regard to the alleged deficiency in the treatment given to Mrs. Anuradha by opposite party doctors, there is no substance.

'The contention against the hospital that it was not having burns ward, and, therefore, the deceased suffered is also without substance. Hence, this complaint is dismissed. There shall be no order as to costs,' the judgement said.

'The judgement failed to discuss the medical opinion from numerous experts that I've produced from around the world or the fact that none of the accused doctors was able to bring even a single medical expert,' Saha said.

'The judgement has also remained silent that I vouched under oath that every rupee from this case would be spent for promotion of health in India.'

'The NCDRC has dismissed the case on two basic grounds - that the primary doctors were acquitted and that the West Bengal Medical Council has found no fault in the treatment.

'Although the Calcutta High Court acquitted the three doctors from criminal charges after the trial court had convicted them, after hearing both sides, the Supreme Court has already allowed my special leave petition challenging the high court acquittal. The criminal case is currently pending at the court for final decision,' Saha said.

'We are aware about the corrupt nature of the medical councils. Do we even need a consumer court if the decision of the medical council is considered infallible?' he asked.

Saha formed the People for Better Treatment, a patients' forum, in course of his multi-million-dollar legal fight in the lowest to the highest court in India for justice.

Source: IANS News
'"/>




Related medicine news :

1. Paracetamol May Cause Live Damage Warns Consumer Education and Research Centre
2. Consumer group seeks Sibutramine ban
3. Identifying What Consumers Look For On Food Stuff Labels
4. Consumers Becoming More Health Conscious Than Calorie Conscious
5. With More Appearance Conscious Consumers The Need For Slimming Products Is Rapidly Rising
6. Consumers of soft drinks to be more alert
7. Consumers Worried About Trans-Fats The Most
8. New Plastic Surgery Unit Set Up In Kolkata To Meet Ever-Increasing Consumer Demand
9. Health care system “Consumer friendly” by 207
10. Chicken Prices Show an Upward Trend – Consumers, Not Scared Chicken Anymor
11. Consumer Court Dismisses Rs 143 Crore Negligence Claim
Post Your Comments:
*Name:
*Comment:
*Email:


(Date:1/17/2017)... ... January 17, 2017 , ... Today, FloSports , a ... announced a new agreement as part of a long-term extension of their media partnership. ... the airing of some of the sport’s premier events exclusively on FloWrestling.com as well ...
(Date:1/16/2017)... ... January 16, 2017 , ... California Southern University has named Dr. ... CalSouthern’s Board of Trustees and as a core faculty member, teaching master’s and doctoral ... professor of psychology at Pepperdine University, where he earned his Doctor of Psychology degree ...
(Date:1/16/2017)... ... January 16, 2017 , ... Anybody who may be looking ... a new video released by Serenity Recovery, a holistic treatment center for addiction located ... channel, features footage and testimonials from patients and staff that visited the 2016 Recovery ...
(Date:1/16/2017)... ... 2017 , ... Specialty Technical Publishers (STP) and Specialty Technical ... (IAPC) EHS audit protocol for Singapore . Leading companies around the world ... obligations and rapidly collect, share, archive, and export audit findings in a cost ...
(Date:1/16/2017)... Hills, CA (PRWEB) , ... January 16, 2017 ... ... a manuscript in the Aesthetic Surgery Journal , the official journal of ... he conducted on lower eyelid retraction surgery. The procedure is designed to correct ...
Breaking Medicine News(10 mins):
(Date:1/17/2017)... OilPrice.com Market Commentary:  A little-known biotech company ... the planned upcoming release of a breakthrough technology that ... test that is affordable and accessible to the average ... today include:  Amgen Inc. (NASDAQ: AMGN ), ... Inc. (NASDAQ: CGIX ), Abbott Laboratories (NYSE: ...
(Date:1/17/2017)... Pa. , Jan. 17, 2017  Maureen ... Inc.(AMI) announces the addition of 6 senior sales ... the TubeClear® System.  These sales leaders were formerly ... acquired medical device company. Repeatedly recognized for their ... exceeding customer expectations and establishing relationships with key ...
(Date:1/17/2017)... Jan. 17, 2017  Tetra Discovery Partners today ... as Vice President, Clinical Operations. He joins ... Executive Director, Clinical Project Management. "Richard joins ... experience in global clinical research planning and execution, ... clinical operation build-outs and development partnerships," said ...
Breaking Medicine Technology: