SC Landmark Judgment on Medical Negligence

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

NO NEGLECTING MEDICAL NEGLIGENCE

‘Verdict will act as a deterrent for hospitals’

After the landmark judgement 
announcing the highest ever 
compensation awarded in a medical negligence case, TOI spoke to Dr Kunal Saha 

Are you satisfied with the judgement? 
    Of course I am happy. This is the end of a long personal battle. The court has awarded a compensation of Rs 5.9 crore with a 6% interest that will have to be paid from 1999 when I had filed the case. So, the total amount comes to around Rs 11 crore. But it was not about money. I had carried on this long struggle to change the prevailing system in India which treats patients like guinea-pigs. It was important to ensure that the compensation was hefty. This will force hospitals and doctors to be careful and act as a deterrent. This is why I had sought Rs 77 crore as compensation. 
How significant is the judgement? 
    It’s a landmark judgement for this is the first time that doctors and a hospital have been asked to pay such a big amount. There have been cases in the past where doctors had to shell out Rs 1 lakh-Rs 2 lakh as compensation which can’t make any difference. It’s less than the price of a secondhand car and doctors didn’t really worry about paying such sums. So, those compensations were never a deterrent. But this judgment is a strong warning to them. It will help curb reckless use of medicines and wrong treatment. 
You have launched a platform to help victims of medical negligence. How far is this judgment going to help that cause? 
    This is indeed a shot in the arm for the movement against medical negligence in India. I had launched People for Better Treatment to help others like me. Over the last several years, we have taken up numerous cases of medical negligence. My personal battle might have ended, but I shall continue to fight for other victims. In fact, this judgment should encourage all those fighting such cases. At least, they shall no longer be receiving a fraction of the amount they spend on fighting the cases. 
    Life can’t be compensated with money. But at least the victim’s family needs an assurance they would get the money back once they win the case. This is why majority of those who file cases of negligence give up after 4-5 years. 
Why are cases of negligence proliferating in Kolkata? 
    It is the leniency shown to guilty doctors which is squarely responsible for this. One doctor who has been held guilty for my wife Anuradha’s death is an advisor to the health ministry in Bengal. I have filed a petition against this in SC and have written to CM Mamata Banerjee. The Medical Council of India cancelled his licence in 2011, but the state medical council has been defending him. The matter is now pending in the High Court. Most doctors are good. We only need to identify and expel the few rotten eggs. 
Finally, did the fact that you are a doctor help you persist with the battle? 
    Being a doctor made a difference, I could make out they had been negligent. We need to have a system in which there will be a provision for investigation and penalty against doctors accused of negligence. There has to be a protocol and victims’ families shouldn’t be left to fight their own battle. The PBT will fight to change the system.