Defining moments for INDIAN medical profession...

Brief details: 

WBMC and the National Consumer forum, both were dismissed the original complaints made by Dr. Kunal Saha.(fighting since 15years for compensation of his wife's death due to  toxic dermal necrolysis) Then he went to SC and won (not once but twice, both times against the NC).

• Who are the accused in this case?               AMRI hospital and 3 doctors.

• what is meant by pecuniary damages?       95% of the compensation was based only on "economic damages" other wise called as "pecuniary damages" and it was due to the loss of income for demised patient.

• Is the"Cap" was imposed on compensation for medical negligence, in any country?

Absolutely no "cap" anywhere in  developed countries on  "economic"/pecuniary damages.But, in some states of USA, Cap has been implemented on the "non-economic" damages for pain, suffering etc.

• Break ups of the compensation In Kunal Saha Case as per apex court:

1. Loss of income of the deceased: Rs.5,72,00,550/-
2. For Medical treatment in Kolkata and Mumbai: Rs.7,00,000/-
3. Travel and Hotel  expenses at Mumbai: Rs.6,50,000/-
4. Loss of consortium Rs.1,00,000/-
5. Pain and suffering Rs.10,00,000/-
6. Cost of litigation Rs.11,50,000/-

Total amount of Rs.6, 08, 00,550/-

• How the court calculated the compensation?

Compensation formula ------ Every doctor  should know this formula.

Its Annual yearly income + 30% for future hike in income – 33% for personal expenses multiplied by 70 minus the age of the deceased at the time of death.
For example a 40 year old doctor is getting an earning of Rs 2 lac per month and his compensation need to be calculated.
1. Number of years left is 70-40 = 30
2. Yearly income: 24 lac
3. 30% added for future increase in income: 24+8 lacs = 32 lacs
4. One third deducted for personal expenses:  App 21.3 lacs
5. Compensation = 21.3 lacs x 30 = 6.4 crores

This much compensation will be expected from the forums in future as a routine. 

Few observations :

1.This type of judgment results in -preferential treatment of higher salaried people which is very dangerous and shows fearful and discriminatory repercussions &precedent, especially in emergency services.

2. Hospitals liable to pay major part of the compensation -

•  Remember,even In Nizam Institute’s case, the Supreme Court of India directed the Hospital to pay the entire amount of compensation to the claimant even though the treating doctors were found to be negligent.
• Even in the case of Savita Garg vs National Heart Institute, the Supreme Court of India taken the view that the hospital is responsible for the acts of their permanent staff as well as staff whose services are temporarily requisitioned for the treatment of the patients.

3. A Doctor does not intend to harm his patients. He is just a human, liable to make mistakes.So,what we need is the effective mechanism to distinguish between the errors and negligence. 

4. To achieve the aim that every  doctor should be with out any  fear of unusual threats, to deliver the services  competently, i think,we can plan our action  on the following lines -

A. IMA or any other medical association can File review petition  in  SC,after it was filed by  the  AMRI hospital”praying that compensation criteria may be reviewed, defined and laid down .

B.IMA  can request the government to Promulgate an ordinance defining the modalities of criteria for compensation and  capping of the compensation..