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Rs. 20 Lakh Awarded For Botched Gallbladder Surgery Awarded By W.B. State Commission: PBT President Successfully Argues On Behalf Poor Victim’s Family

West Bengal State Consumer Disputes Redressal Commission (WBSCDRC) in Kolkata passed a major judgment this week holding a general surgeon and local nursing home in West Midnapore, about 150 km from Kolkata, guilty for medical negligence and slapped a compensation of Rs. 20 lakh against the doctor and hospital. Banamali Samanta, a 62-year old poor agriculture-worker, eventually died from sepsis following a botched gallbladder stone surgery by surgeon Dr. T.K. Biswas and absolute lack of post-operative care at Roy Nursing Home in Kotwali, West Midnapore. The consumer court has also held that the surgery was performed without a valid “informed consent” and directed that Dr. Biswas must pay Rs. 15 lakh and Roy Nursing Home would pay another Rs. 5 lakh compensation to the Samanta family within 45 days.

PBT played a central role in bringing medical justice in this case. With no hope to fight for justice against the influential doctor/hospital, victim’s son came to PBT seeking justice for the wrongful death of his father as PBT guided the family to the legal battle starting with obtaining the medical records from Roy Nursing Home. Over the past almost 4 years, PBT also provided support in the court completely free of cost as we do for many victims of “medical negligence” across India. In fact, PBT president, Dr. Kunal Saha, personally appeared on behalf of the Samanta family and argued before the consumer court last month during his trip to India. Dr. Saha’s compelling argument won the case and brought some solace to the unfortunate Samanta family. A formal complaint seeking disciplinary action against Dr. Biswas was also lodged with the West Bengal Medical Council but even after holding a hearing more than one year ago, the state medical council has still remained silent (see the news below).

Statesman (Sept. 2, 2018)

Comments on this entry are closed.

  • Dr. S. K. Thakur September 2, 2018, 10:52 pm

    Great job, Dr. Saha ! Congratulations ! I had to file a writ petition in Delhi High Court to get my case disposed off from the WBMC. Once they heard the case and did not decide it for a year. Then after the specific order of the court, once again they heard the case and surprisingly did not find any negligence on part of any doctor. The decision was taken unanimously !

  • somenath chakraborty September 4, 2018, 5:35 am

    Once again PBT strike against the malpractice,Dr Saha again proved the life of ordinary or poor people same valuable like a rich man, we are common man not “ginipic” stop experiment treatment and save our live

  • Ganesh C Mandal September 5, 2018, 8:34 am

    Thanks to Dr. Saha for your tireless hard work and help to poor medically negligence people through out India. Being a well wisher of PBT, we are also very proud of your work . Ma Durga bless you and your team.

  • Parag September 8, 2018, 1:06 am

    Condolence to the family that lost a father due to a murderer! Great work Dr Saha for seeking justice for the common man whom nobody seem’s to care.

    My family is also a victim of medical negligence. I’ve started the petition “Medical Council of India, Lilavati Hospital: Cancel License, expel Corrupt Nephrologist Hemant Mehta, Prashant Rajput who killed my Mom” and need your help to get it off the ground.

    Will you take 30 seconds to sign it right now. Here’s the link: