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Written By: Editorial Team | Updated : October 27, 2013 9:15 AM IST
The Supreme Court on Thursday awarded Rs.5.96 crore compensation to Kunal Saha, an Indian-American doctor, ordering the Kolkata-based Advance Medicare Research Institute (AMRI) to pay for medical negligence resulting in the death of his wife Anuradha Saha in 1998.
A bench of Justice C.K. Prasad and Justice V. Gopala Gowda passed the order on an appeal by Saha, who had challenged the compensation of Rs.1.72 crore awarded by National Consumer Forum.
Welcoming the verdict, Saha said the 'historic' judgement should rekindle hope for countless victims.
The US-based NRI said it should tell many honest and caring doctors it is time to step forward and cleanse the system.
'If you let a few corrupt and politically connected doctors to run the show, all doctors will continue to share the blame and will never be able to restore public trust that we had not so long ago,' he said in a statement.
The apex court earlier held some of the doctors of the hospital liable for criminal liability.
The court directed that the hospital would pay the compensation along with an interest of 6 percent per annum from 1998. The court has asked two doctors - Balram Prakash and Sukamar Mukharjee - to pay Rs.10 lakh each and asked another doctor, Baidyanath Haldar, to pay Rs.5 lakh to Saha.
The tragic story of Anuradha started a month after she reached Kolkata in March 1998 for her summer vacation, when in April, some rashes surfaced on her skin. She consulted Mukharjee who advised her rest.
However, rashes resurfaced again in early May with far greater intensity. Mukharjee prescribed her two doses of Depomedrol injection every day.
As her condition did not improve, she was admitted to AMRI and subsequently she was shifted to Mumbai's Breach Candy Hospital where she was diagnosed to be suffering from life-threatening disease called toxic epidermal necrolysis (TEN). At AMRI, Anuradha was treated by Mukharjee.
TEN, also known as Lyell's syndrome, is generally caused by a reaction to drugs and leads to the top layer of skin detaching from the lower layer all over the body. It is a more severe form of Stevens-Johnson syndrome.
Anuradha succumbed to her ailment May 28, 1998.
What is medical negligence?
It is the medico legal term used to describe the negligent behaviour of a medical professional. The term medical malpractice is also used when a person providing medical care fails to perform his/her duty to the fullest of their ability and knowledge. This includes providing shoddy medical care, not informing the patient of the risk involved in a procedure, not giving the patient or their family a substantial reason for the death or irreparable harm caused to a patient, prescribing wrong medication, diagnosing a condition incorrectly, disclosing patient information without his/her permission, etc. A patient has a number of rights when it comes to medical care, and one should be well aware of their rights. It is important to remember that it is a medical practitioner's duty to inform a patient beyond doubt about their condition or procedure.
Do you know your rights as a patient?
In 1995, the Supreme Court brought the medical profession under the Consumer protection act and medical treatments were labeled 'services'. As per the Consumer Guidance Society of India, the patient's rights as a consumer are the following:
1. Patients have the right to be told about their illness; to have their medical records explained.
2. Patients should be explained about whatever treatment/medicines are prescribed to them. They should be made aware of the risks and side effects, if any. They have the right to ask questions and clarify their doubts about the treatment.
3. Patients have the right to know a doctor's qualifications.
4. Patients have the right to be handled with consideration and due regard for their modesty when being physically examined by the doctor.
5. Patients have the right to maintain confidentiality regarding their illness and can expect the same from the doctors.
6. Patients have the right to a second opinion if they are doubtful about the medicines or treatment suggested.
7. Patients have the right to know what a suggested operation/surgery is for and the possible risks involved. If he/she is unconscious or unable to make the decision due to other reasons, informed consent needs to be taken from their nearest relatives.
8. Patients have the right to get their medical records/case papers on request from the doctor/hospital.
9. If the patient needs to be moved to another hospital, he/she has the right to know the reason for it and also has the right to make their own choice in consultation with the doctor.
10. Patients have the right to get details of the bills they have paid for.
We've covered the rights. But what's equally important is patients understand their responsibilities as well:
1. The patient should undergo the treatment as prescribed by the doctor faithfully and follow his/her instructions diligently.
2. If the doctor has prescribed certain preventive measures in case of infections, the patient should follow the same.
3. The patients need to be punctual for the treatments and follow-ups.
4. Patients should maintain all the medical records and prescriptions.
5. If the patient wants to take a second opinion, consult with your doctor about the same.
6. Patients should pay for their treatment as applicable to the doctors and hospitals promptly.
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With inputs fromIANS
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