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Court Dismisses 143-Crore Claim Against Hospital In Kolkata For Alleged Negligence In Treatment

May 28. The cause of death was reported as septic shock with systemic candidiasis, a frequent side effect of excessive steroids. Months later, in correspondence with Pharmacia-Upjohn in the US, who are the makers of the steroid, Saha learnt that the correct dosage was 40 to 120 mg once every two to four weeks.

The NCDRC in its judgement while dismissing the case observed that the courts or the consumer forum could not sit in an appeal against the decision taken by the expert doctors with regard to administration of a particular dose of medicine. They announced that it had to be judged with respect to circumstances with each case. The judgment also stated that the doctors or surgeons do not undertake that they will positively cure a patient. They also said that there is no substance in regard to the alleged deficient treatment given to Mrs. Anuradha by the doctors. They stated that the contention against the hospital that it was not having burns ward, and, therefore, the deceased suffered is also without substance. Hence, they dismissed the complaint and ordered that there shall be no order as to costs, the judgement said. Saha claimed that the judgement failed to discuss the medical opinion from numerous experts that he had produced from around the world or the fact that none of the accused doctors were able to bring even a single medical expert. He also said that he had announced under oath that he would spend every rupee from this case to promote health in India.

He explained that 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. But he said that after hearing both to both sides the Supreme Court has allowed his special leave petition challenging the acquittal. While stating that the criminal case was currently pending at the court for final decision Saha said that the corrupt nature of medical councils were well kno
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