After 14 years of seeking justice in courts at every levels including numerous trips to the Supreme Court of India, three top Kolkata doctors (Sukumar Mukherjee, Baidyanath Halder and Balaram Prasad) and AMRI hospital in Kolkata yesterday paid a fraction of the highest-ever compensation (Rs. 1.7 crore) imposed against these doctors/hospital by the National Consumer Commission (NCDRC) on October 21, 2011 (see the news in Hindustan Times below). However, nobody paid any interest that has accurred over the past five months for which this matter will be listed again before NCDRC in July, 2012. While AMRI hospital paid the full compensation of Rs. 40.40 lakh, Dr. Sukumar Mukherjee, the principal culprit physician for Anuradha’s death who was also imposed a compensation of Rs. 40.40 lakh paid only Rs. 33 lakh. Dr. Mukherjee has claimed that he could only collect Rs. 33 lakh and he will pay the rest of the money soon (see Dr. Mukherjee’s affidavit below). Ironically, Dr. Mukherjee is perhaps one of the highest earning physicians in Kolkata who was recently appointed as the “chief advisor” for the health department by the Bengal chief minister Mamta Banerjee. Reportedly, a new patient has to wait for months to get an appointment with Dr. Mukherjee in his chamber at Nightangale Medical Center in Kolkata and he charges Rs. 1500/- from each patient.
H. Times (May 15, 2012) Front page
NCDRC (Dr. Mukherjee’s Appeal) May 2012
In a historic order that may have far-reaching consequences in the future of the justice delivery system in India, Calcutta High Court today passed an order allowing Dr. Kunal Saha, PBT president, to participate in the court proceedings through “Internet Videoconferencing” using high-speed web services (e.g. Skype) from his permanent place of residence in USA (see Order below). Dr. Saha was in Kolkata to argue in person a case for “criminal defamation” (under IPC Section 500) that he filed against retired Calcutta High Court judge, Mr. Gora Chand De. Since the hearings were delayed, Dr. Saha appealed that he may be allowed to attend future hearings via Internet videoconferencing as his physical presence in the Kolkata court was causing great difficulty for him. The Calcutta High Court allowed his plea.
This historic criminal case against a retired HC judge stems from the wrongful death of Dr. Saha’s wife, Anuradha Saha, who died from gross medical negligence by three senior Kolkata doctors (Sukumar Mukherjee, Baidyanath Halder and Abani Roychowdhury) during a social visit to Kolkata in 1998. After a trial court in Kolkata convicted two doctors for “criminal negligence”, then a HC judge, G.C. De, not only acquitted the three doctors from all charges of medical negligence, he also made highly defamatory comments against the victim’s husband, Dr. Saha including that Dr. Saha was actually responsible for his wife’s death and that his lawsuits were aimed in bringing the evils of American Insurance Companies to the soil of India. Dr. Saha appealed De’s decision before the Apex Court. The Supreme Court held all three doctors (plus one Dr. Balaram Prasad and AMRI Hospital) guilty for medical negligence and responsible for Anuradha’s death. Although the criminal case against the three doctors were dismissed by the Apex Court on the ground of “cumulative negligence”, Supreme Court severely criticized De’s observations against Dr. Saha following which Dr. Saha lodged a case for “criminal defamation” against now retired Justice Mr. De. The Calcutta High Court has already issued a “notice” against De who has still not appeared in the court.
H. Times (May 12, 2012)
HC Order (May 11, 2012)
After coming to power last year, Mamta Banerjee’s government formed an Adhoc state medical council (WBMC) instead of holding a new and fair election which is due since 2010. The Adhoc Council is nothing but a politically-motivated group of 10 loyal Trinomul supporters with two sitting Trinomul MLAs hand-picked by Banerjee who is both the chief minister and health minister in West Bengal. PBT has moved a new public interest litigation (PIL) before the Calcutta High Court today (Writ Petition (W) No. 8971 of 2012) challenging the Banerjee government’s candidly undemocratic and anti-patients move demanding immediate establishment of a new Medical Council through a fair, open and impartial election (copy of the writ petition attached below).
W.P. (PIL) FINAL Cal HC (WBMC Adhoc Council)
Mamta Banerjee, Trinomul supremo and chief minister as well as health minister in West Bengal, has embraced Dr. Sukumar Mukherjee, who was responsible for the death of Anuradha Saha. Before a gathering of physicians in Kolkata yesterday, Mamta Banerjee highly praised Dr. Mukherjee and invited him as the chief adviser for the Bengal government to advise how to improve the healthcare system in West Bengal (see Statesman news below; also picture in a Bengali daily showing Mamta Banerjee handing a special award to Dr. Sukumar Mukherjee). Dr. Mukherjee was found guilty by the Supreme Court of India in 2009 for gross medical negligence causing death of Anuradha. Supreme Court remanded the case back to the National Consumer Forum (NCDRC) for determination of the quantum of punishment to be paid by the guilty doctors. In fact, Dr. Mukherjee’s role was so heinous in view of the Supreme Court that it imposed an additional penalty of Rs. 1 lakh against Dr. Mukherjee. None of the other doctors who were also found guilty for contributory negligence in Anuradha’s death had to pay any additional penalty.
On October 21, 2011, NCDRC awarded Rs. 1.7 crore compensation, highest in Indian medico-legal history, for Anuradha’s wrongful death with the highest share to be paid by Dr. Mukherjee. Dr. Mukherjee has not paid any compensation until now for which a separate petition seeking imprisonment of Dr. Mukherjee has already been accepted by NCDRC. Supreme Court has also admitted an appeal filed by Anuradha’s husband and PBT president Dr. Kunal Saha for enhancement of compensation. This case has been listed for final disposal by the Apex Court on May 1, 2012. More importantly, the Medical Council of India (MCI) has also found Dr. Mukherjee guilty for “professional misconduct” and directed the West Bengal Medical Council (WBMC) to cancel his license on May 23, 2011. But a devious WBMC refused to cancel Dr. Mukherjee’s medical registration until now. In fact, almost all members of WBMC were indicted for “criminal conspiracy” (under IPC Section 120b) and “screening offenders” (under IPC Section 201) last year showing that Dr. Mukherjee was not only negligent but he was also involved in criminal conspiracy. The WBMC members conspired with Dr. Mukherjee to acquit him from all charges of medical negligence in 2002. These WBMC members are now facing a criminal trial in Kolkata. Mamta Banerjee has not only embraced Dr. Mukherje openly, she has also invited him to advise the government how to improve the medical system in the state. Does Mamta Banerjee want more Bengal patients to die from gross medical negligence just as Anuradha? A doctor (Dr. Mukherjee) who has already been found guilty for gross negligence by the highest court of the land and whose medical license was directed to be revoked by the highest medical regulatory authority in India (MCI) will now be the chief adviser for the West Bengal government on healthcare.
Recently, Mamta Banerjee government dissolved WBMC and formed an Adhoc State Medical Council in the most tyrannical manner with 10 of her loyal supporters ( including 2 MLAs of Trinomul party) as sole authority of WBMC. A legitimate election to form a new WBMC has been long overdue since the term of the last officially elected council ended in 2010. But instead of holding an open and fair election to form a new WBMC, Mamta Banerjee decided to shove her party loyalists to the top posts in the highest medical regulatory body in West Bengal. Healthcare condition in West Bengal was in an abysmal condition even during the long ruling by the Left-front government which came to an end last year which brought Mamta Banerjee government to the power. Unfortunately, it appears that the hapless patients of West Bengal are being taken from the frying pan to the fire by the Banerjee government.
Statesman (Apr. 21, 2012)
News (Pic: Mamta awarding Sukumar) Apr. 21, 2012
