The recent historic decision for highest compensation (Rs. 1.77 crore) in Anuradha Saha wrongful death case has unraveled the inherent flaw in the justice delivery system for the victims of “medical negligence” in India. Anuradha’s husband, Dr. Kunal Saha, had to fight a 13-year long legal battle (which has not yet ended as Dr. Saha has decided to move to the Supreme Court for enhancement of compensation) and obviously, he had to spend a huge amount of money in order to participate this over-extended legal battle against the wealthy and highly influential doctors and private hospital.
Justice delayed is justice denied. When a victim of alleged “medical negligence” has to fight in the court for 13 years or even longer to find justice for the loss of life of his loved one, can this be viewed as “justice”? Should cases of “medical negligence” that deals with the question of innocent human lives be handled by the Consumers’ Courts in the same manner as with other cases against defective household goods or for cheating by a business? PBT is calling the law-makers and political leaders to change this inherent flaw in the “Consumer Protection Act” to have medical negligence cases disposed within 6 months in “fast-track” courts for equitable justice for the hapless patients of India (see the news report below published in Bengal Post today)
Bengal Post (Nov. 6, 2011)
{ 5 comments… read them below or add one }
Exactly, each and every complain must be entertained, and a preliminary enquiry must be done for the refinement of the medical treatment standards.
Fighting a legal battle for 13 years or even longer to find justice for the loss of life of his loved one, can this be viewed as “justice”?– N Never rather this itself is cruelty and serious type of harrassment. Situation must improve as per the contemporary standard
The complaint of medical negligence and misconduct of doctors in India is entertained by State Medical Council (SMC) and/or Medical Council of India (MCI). As per rules and regulations each matter must be decided within 6 months. Complaints are lingering for years in SMC/MCI. There is no hearing in the MCI for months together without any responsibility or accountability. Judgments/ Meetings are not uploaded on the MCI website. No cause list uploaded. No list of complaints on the Notice Board. There is no transparency in the hearings. Every time you will find new members of ethics committee and they should be given time to understand your case! The victim is again victimized because of follow-up of his complaint. The guilty doctors are allowed to practice till case is decided and do more negligence/ misconduct for years until the complainant dies or he/she loses hope.
PBT needs do something immediately to improve the scenario.
We must also support PBT for this cause.
My salute to the first pioneer (to my knowledge) to show the way of fighting against corrupted and vague medical rules in India. Yes, 13years of battle to get the justice is beyond imagination. But at least Dr. Saha has shown us that it is possible to fight against all odds. I have also lost my daughter due to medical negligence. We are fighting with support from Dr. Saha and PBT. The more the awareness will arise, the less will be the medical victims as the legal time will come down and doctors will be afraid to do such negligence knowingly.
Recently on 13/11/2011 Apex court has observed that “, ‘Justice is the golden thread in our constitution which binds all aspects and ensures fairness in economic, social and political advancement of the country. It is the duty of the administration to impart affordable and speedy justice delivery system to all’.
Hats off to DR. Saha for his grit. He has done a great service to suffering people by showing the way
The record of fast track courts in India is miserable. The present situation regarding consumer courts which were originally introduced to provide fast justice is there for all to see. Even Dr. Saha’s case has already taken 13 years with more to follow.
What we need is not only fast track court for medical negligence. But, such systems as the fast track courts really work.