A case that made Drs to pay Rs. 11 Cr + as compensation !
Drs.. a Judgement, which you must pay attention to !!
On facts of the case, Highest Compensation in the history of . Medical Negligence, of Rs.11 Cr + has been awarded by hon. Apex Court for Medical Negligence in the matter of Dr. Balram Prasad V/s. Dr. Kunal Saha & ors (2014 SAR (CIVIL) 127)., in its 210 page lengthy judgment which has been reported in almost all leading law Reports in India !!
It's a case to be studied by Drs and IMA..
http://judis.nic.in/supremecourt/imgs1.aspx?filename=40897
The Compensation was to be paid by doctors and Hospital.
Facts in brief :
1. Wife of Kunal Saha, an NRI-Doctor, when Visited Kolkata, developed skin rashes and fever. A well-known physician Dr. Sukumar Mukherjee prescribed a drug for her and she was later admitted to the AMRI hospital under the care of three other physicians.
2. Soon her skin started to peel off and she is diagnosed with a life-threatening condition caused by a drug reaction. She was airlifted to Breach Candy hospital in Mumbai where she died.
3. The Death Certificate reflects the cause of death as “septicemic shock with multi system organ failure in a case of TEN
leading to cardio respiratory arrest”.
4. Her husband Dr. Kunal saha lodged a criminal case accusing the doctors of negligence and fought the matter till Apex Court for nearly 15 years and he claimed nearly Rs.100 crs as compensation.
Held :
1. The Apex Court has held which may be summarised as under !! Please read the full judgment by keeping extra time..
A) For the first time the Apex Court has considered the Value of Money while calculating the quantum of Compensation. As the Client was NRI, court observed inflation of money should be considered and in that case held stable rate of Rs.55/- per US/$.
B) However the Apex Court refused to adopt "Multiplier Method" which is used in case of Motor Accident cases for determining the amount of Compensation. It is called No Fault liability. The Court held no Straight -jacket formula can be adopted for deciding amount of compensation. Thus Drs. don't worry, every case is deiced on its own merits !!!
C) The Court also refused to grant compensation on ground of "loss of income of claimant (in US$) for missed work as he had to conduct the case for several times" on the ground that there is no nexus between negligence of the Drs and the Hospital
D). However the Claimant was awarded Rs.70,00,000/- towards Travel Expenses for period of 12 years plus Rs.1,50,000/- towards legal expenses. !!
E) the Interest @ 12% p.a. which was awarded by National Commission was reduced to 6% p.a.
This case if the Landmark Judgment in the History of Medico-legal cases..
The Negligence and its effect and amount of Compensation differs from case to case.. So its not that in each and every case, compensation, if awarded, will be of this much quantum !!! The Apex Court has always taken balanced approach in case of Medical Negligence cases. In number of judgments it has protected Drs. against high handed action in Medico-Legal cases..
Drs. may not support this judgment, but its a law of the Land and unless and until it is overruled by another larger Bench or a Law proposing capping on amount of compensation in case of Medical Negligence cases is passed, it is to be followed !!. But don't worry, not in every case so much of compensation will be allowed !! Not all the cases of Medical Negligence are proved !!
thanks and Regards
Adv. Rohit Erande
Pune©
On facts of the case, Highest Compensation in the history of . Medical Negligence, of Rs.11 Cr + has been awarded by hon. Apex Court for Medical Negligence in the matter of Dr. Balram Prasad V/s. Dr. Kunal Saha & ors (2014 SAR (CIVIL) 127)., in its 210 page lengthy judgment which has been reported in almost all leading law Reports in India !!
It's a case to be studied by Drs and IMA..
http://judis.nic.in/supremecourt/imgs1.aspx?filename=40897
The Compensation was to be paid by doctors and Hospital.
Facts in brief :
1. Wife of Kunal Saha, an NRI-Doctor, when Visited Kolkata, developed skin rashes and fever. A well-known physician Dr. Sukumar Mukherjee prescribed a drug for her and she was later admitted to the AMRI hospital under the care of three other physicians.
2. Soon her skin started to peel off and she is diagnosed with a life-threatening condition caused by a drug reaction. She was airlifted to Breach Candy hospital in Mumbai where she died.
3. The Death Certificate reflects the cause of death as “septicemic shock with multi system organ failure in a case of TEN
leading to cardio respiratory arrest”.
4. Her husband Dr. Kunal saha lodged a criminal case accusing the doctors of negligence and fought the matter till Apex Court for nearly 15 years and he claimed nearly Rs.100 crs as compensation.
Held :
1. The Apex Court has held which may be summarised as under !! Please read the full judgment by keeping extra time..
A) For the first time the Apex Court has considered the Value of Money while calculating the quantum of Compensation. As the Client was NRI, court observed inflation of money should be considered and in that case held stable rate of Rs.55/- per US/$.
B) However the Apex Court refused to adopt "Multiplier Method" which is used in case of Motor Accident cases for determining the amount of Compensation. It is called No Fault liability. The Court held no Straight -jacket formula can be adopted for deciding amount of compensation. Thus Drs. don't worry, every case is deiced on its own merits !!!
C) The Court also refused to grant compensation on ground of "loss of income of claimant (in US$) for missed work as he had to conduct the case for several times" on the ground that there is no nexus between negligence of the Drs and the Hospital
D). However the Claimant was awarded Rs.70,00,000/- towards Travel Expenses for period of 12 years plus Rs.1,50,000/- towards legal expenses. !!
E) the Interest @ 12% p.a. which was awarded by National Commission was reduced to 6% p.a.
This case if the Landmark Judgment in the History of Medico-legal cases..
The Negligence and its effect and amount of Compensation differs from case to case.. So its not that in each and every case, compensation, if awarded, will be of this much quantum !!! The Apex Court has always taken balanced approach in case of Medical Negligence cases. In number of judgments it has protected Drs. against high handed action in Medico-Legal cases..
Drs. may not support this judgment, but its a law of the Land and unless and until it is overruled by another larger Bench or a Law proposing capping on amount of compensation in case of Medical Negligence cases is passed, it is to be followed !!. But don't worry, not in every case so much of compensation will be allowed !! Not all the cases of Medical Negligence are proved !!
thanks and Regards
Adv. Rohit Erande
Pune©
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