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).