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PBT President Wins Case for a Victim of Medical Negligence In a Remote Village In West Bengal

District Consumer Court in Bankura (230 km from Kolkata) has held a surgeon (Dr. Mrintyunjoy Pal) and Panacea Hospital guilty for deficiency of service and awarded Rs. 2.1 lakh compensation today to a primary school teacher (Mr. Tapan Sarkar).  What is unique in this case is that PBT president, Dr. Kunal Saha, who is a medical doctor and not a licensed advocate, personally appeared and argued for Mr. Sarkar during his trip to India last month.  The consumer court has directed the guilty hospital/doctor to pay the compensation within two months failing which 9% interest would be added.  Mr. Sarkar was suffering from pain in the rectum and anal area for which Dr. Pal advised quick surgery.  But instead of curing the condition, patient’s problems were aggravated for which he had to rush to a hospital in Chennai for a second surgery.  The court has found the surgeon and hospital guilty on several counts including failure to record vital signs, using invalid informed consent and not issuing proper discharge certificate.  Dr. Saha strongly argued on the deficiency of services by the accused doctor and hospital.  Dr. Saha also personally argued (for wrongful death of his wife, Anuradha) before the Supreme Court of India in 2009 and again in 2013 when he was awarded highest-ever compensation in Indian medico-legal history.  There is no doubt that today’s verdict by the Consumer Court in Bankura will bring a ray of hope for all victims of medical negligence.  PBT will continue to help the numerous victims of alleged “medical negligence” from all parts of India who have come to PBT in their quest for justice.