Landmark Supreme Court verdict on medical negligence

Times of India, 25th October 2013, p. 14

Dogged Saha soldiers on with contempt case

Abhinav Garg | TNN 

New Delhi: Dr Kunal Saha, whose long struggle for justice ended on Thursday with a landmark Supreme Court verdict on medical negligence, is pushing for reforms in consumer courts. 
    Through his organization People for Better Treatment (PBT), Saha has filed a contempt petition before the apex court, seeking speedy implementation of a historic 2011 judgment where SC permitted non-advocates and charitable organizations to argue cases before consumer forums. 
    An SC bench of Justice Dalveer Bhandari, Justice R Mukundakam Sharma and Justice Anil Dave had asked the National Consumer Disputes Redressal Commission (NCDRC) to frame guidelines to allow non-lawyers to represent, appear and argue cases under the Consumer Protection Act before consumer district forums and commissions. 
    But more than two years later the proposal is stuck in red tape and the guidelines, that ought to have been framed within three months of the order, are nowhere in sight. Last week the Centre again sought four weeks from SC in response to Saha’s contempt plea. In his petition Saha complained that a path- breaking SC order that will enable people like him is being deliberately diluted by the Centre and NCDRC making them liable to be hauled up for contempt. 
    A counter affidavit filed by NCDRC in SC this month shows even though the commission agreed to allow “nonadvocates” to argue cases in consumer courts on behalf of people and framed guidelines in 2011 the law ministry allegedly raised objections. Filed by NCDRC Registrar H D Nautiyal, the affidavit has annexed correspondence between the commission, consumer affairs ministry and the law ministry. 
    The NCDRC has cited opinion given by then additional solicitor-general Mohan Parasaran (now Solicitor General) where he argued SC couldn’t have passed directions to the consumer court without hearing the Centre since implementation of the order must be done by the ministry of consumer affairs. Parasaran advocated the law ministry must approach SC for a clarification that it also be heard. 
    Saha told TOI he is equally determined to follow up the contempt plea as he was in fixing liability for medical negligence. “We will press hard before SC to take immediate measures for allowing NGOs and “non-advocates” to help hapless victims find justice in consumer courts,” he said. 
    The historic 
    Supreme Court judgment does three important jobs. It rekindles the hope for countless of victims of medical negligence. It should tell honest and caring doctors it is time to step forward to cleanse the system. Today’s judgment has uplifted the sagging value of human life in India Kunal Saha 
DR SAHA, WHO LIVES IN OHIO, RUNS A KOLKATABASED NGO TO HELP PEOPLE WITH MEDICAL MALPRACTICE CASES The doctor-turned-activist showed in 2007 how corruptly-procured blood test kits financed by World Bank were leading to HIVcontaminated blood being used in hospitals in India 
OTHER NATIONS UK | NATIONAL HEALTH SERVICE In 2013, official figures showed number of cases registered for medical maplpractice increased by 20% in just a year, by 80% 
since 2008 Increasing numbers of complaints, reported The Telegraph, showed growing lack of tolerance for poor care and patients feeling forced to take legal action because hospitals refused to apologise or explain their failings. More than £1bn spent on settlements 2012 
AUSTRALIA According to WHO, Australia has one of the highest rates of medical error in the world 18,000 people may die every year in hospitals through preventable medical negligence in Australia 50,000 people suffer from permanent injury annually as a result of medical negligence in Australia 80,000 Australian patients per year are hospitalised due to medication errors Laws exist but difficult to prove medical error. Also, doctors band together