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4589Fw: [medico-legal-queries] Re: Fw: 6 crore compensation awarded

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  • surendernikhil gupta
    Oct 24, 2013
      FYI please. Please scroll down the mail.
       
      Thank you very much.
      Nikhil
      Dr. Surender N. Gupta,
      MBBS; PGDHHM;PGDMCH;
      PGDCHFWM;FAIMS;MA (Phil);
      FIMS;MAE (Epidemiology); OCCRTI
      HFA_PHC_Johns Hopkins University, Baltimore, USA;
      Com_Ch_Public health,
      Johns Hopkins University, USA;
      MSData, University of Toronto, Canada;
      ITHS_University of Michigan, US;
      VaccineTr_
      Bloomberg School of Public Health,Johns Hopkins University;

      GlobalTC_
      Bloomberg School of Public Health,Johns Hopkins University
      Epidemiologist-in-Charge, District Chamba-
      cum
      Faculty, Regional Health and Family Welfare Training Centre,
      Chheb, Kangra-Himachal Pradesh, India.

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      On Thu, Oct 24, 2013 at 1:25 PM, Dr.M.C. Gupta <mcgupta@...> wrote:
       
      Ref: The Supreme Court has ordered a Bengal hospital to pay nearly six crores damages, the highest ever in India, in a case of medical negligence that caused the death of a woman in 1998.

      The court today enhanced the compensation recommended by a consumer court, and ordered the payment of Rs 5.96 crore to the family of Anuradha Saha, who died at the AMRI hospital in Kolkata.

      In 2009, the court had found AMRI hospital guilty of medical negligence and referred the case to the National Consumer Court, which had fixed the compensation amount to Rs 1.7 crore.

      *******

      MY RESPONSE--


      Congratulations to Dr. Saha.

      This should be a message to be noted by the whole medical profession (including the medical councils---WB MC had found no negligence) that:

      1--There is nothing like a divine profession.

      2--There is nothing like the cream of the cream as regards doctors. The cream, though sour, is now available for Rs. 30-50 lakh.

      3--There is nothing like foolish lawyers or incompetent judiciary.

      4--Perseverence pays. Dr. Saha pursued his case relentlessly and even argued his case himself. He is an icon and a role model to be emulated by others.

      5--If a senior, seasoned, reverred physician prescribes a depot preparation to be injected twice a day, his seniority and reverence cannot mask an act of criminal negligence.

      6--IMAs across the country need to provide crash training courses in medical law over a 1-3 days duration to make their members learn the basics of how to avoid legal lashing. (I hereby offer my humble services, if requested, to design and deliver a course).

      7--Central  IMA needs to plan and start a 6 month training course in Legal Medicine by distance learning mode, preferably with contact sessions at months 2, 4 and 6 followed by exam. (I hereby offer my humble services, if requested, to design such a course and course material).

      8---Central  IMA needs to publish a reader friendly, easy to use, practical book on medical law / legal medicine and make it available to doctors at different IMA meetings across the country at moderate price. Thus marketing and distribution should be no problem. It will be a self-sustaining venture.
       (I hereby offer my humble services, if requested, to prepare such a book/s).

      9--All doctors and hospitals must buy indemnity insurance.

      --M C Gupta
      24-10-2013

      =============================


      On 24 October 2013 12:45, HOPE CLINICS <hopeclinics@...> wrote:
        The Supreme Court has ordered a Bengal hospital to pay nearly six crores damages, the highest ever in India, in a case of medical negligence that caused the death of a woman in 1998.

      The court today enhanced the compensation recommended by a consumer court, and ordered the payment of Rs 5.96 crore to the family of Anuradha Saha, who died at the AMRI hospital in Kolkata.

      In 2009, the court had found AMRI hospital guilty of medical negligence and referred the case to the National Consumer Court, which had fixed the compensation amount to Rs 1.7 crore.

      But Anuradha's husband Kunal Saha had pleaded that the amount, along with interest, counted from 1998 should be at least 200 crores and asked the top court to reconsider it.
       
      Dr  Neeraj  Nagpal
      Convenor
      Medicos  Legal  Action  Group
      Ex  President  IMA  Chandigarh

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      (Ex)Prof. M C Gupta
      MD (Medicine), MPH, LL.M.,
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