SUPREME COURT JUDGMENT IN ANURADHA DEATH CASE DEFINES NEW GUIDELINES FOR COMPENSATION IN “MEDICAL NEGLIGENCE”
The historic judgment in Anuradha Saha case delivered last week by Supreme Court that has awarded a compensation of about Rs. 11 crore (including interest) against three senior Kolkata doctors (Sukumar Mukherjee, Baidyanath Halder and Balaram Prasad) and AMRI Hospital in Kolkata has generated a mixed feelings of glee and apprehension by different sectors of society. While millions of ordinary people and victims of alleged “medical negligence” across India have welcomed the verdict as they see for the first time a glimpse of hope that it may send a strong signal against “medical negligence” to the hitherto untouchable doctors and hospitals, most members of medical community and politically-backed leaders of Indian Medical Association (IMA) have started crying foul and some are claiming that there should be a “cap” of maximum compensation to be awarded in medical negligence cases. There are several important points of law that have been settled in this verdict which will go a long way to prevent future “medical negligence” and to improve the standard of healthcare in India. The 210-page judgment is pasted below. It is being analyzed in detail right now and we will post the salient features of this judgment in the near future.
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