Chasing the American dream, they were finally settling down in
Columbus and Anuradha Saha wanted to visit Kolkata before
starting a new phase of life. Little did they know that how their
life was about to change forever in the next few days.
It was during the visit to Kolkata that Anuradha Saha developed
a mild rash from an allergic reaction to a drug. The type she had
is medically known as “toxic epidermal necrolysis” (TEN),
which could happen as an allergic reaction to almost any drug or
non-drug like vitamins and even gin and tonic. For treatment
she consulted Dr. Sukumar Mukherjee, who was quite well
known as one of the best doctors in the city. Dr. Mukherjee
advised a drug called ‘Depomedrol’ , in a manner which was
truly baffling. 'Depomedrol' is a long standing drug normally
used for extreme cases of asthma or arthritis, and given at
a maximum dose of 40-120 mg at 1-2 weeks interval. However,
Anuradha was given that about 15 times its normal usage.
A well-known physician Dr. Sukumar Mukherjee prescribed a
drug for her and she was later admitted to the AMRI
hospital under the care of three other physicians. Soon her skin
started to peel off and she is diagnosed with a life-threatening
condition caused by a drug reaction. She was airlifted to Breach
Candy hospital in Mumbai where she breathed her last.
THE FIGHT AND THE JUDGEMENT
The 15-year long course in the much anticipated legal battle in
the Anuradha Saha death case for which countless victims of
“medical negligence” have been waiting with bated breath has
finally come to an end when the Apex Court bench of Justices
Mr. C.K. Prasad and Mr. V.G. Gowda concluded the final
hearing and kept the judgment reserved. This case involves the
wrongful death of Anuradha Saha, US-based child psychologist,
died from gross medical negligence by several top Kolkata doctors
(Sukumar Mukherjee, Baidyanath Halder, late Abani
Roychowdhury and Balaram Prasad) and AMRI Hospital in
Kolkata during a social visit to India in 1998. After a long and
seemingly impossible legal battle for more than a decade,
Supreme Court eventually held the Kolkata doctors/hospital
responsible for Anuradha’s death in 2009 and remanded the case
back to the National Consumer Commission (NCDRC) only for
determination of the quantum of compensation to be paid by the
Kolkata doctors/hospital.
On October 21, 2011, NCDRC awarded a total of Rs. 1.7 crores
compensation against the Kolkata doctors and AMRI Hospital
but deducted more than Rs. 40 lakh on ground of alleged
“interference” by Dr. Saha (although Apex Court held only the
Kolkata doctors/hospital guilty for Anuradha’s death) and also
due to the death of one of the guilty doctors, Dr. Roychowdhury.
Although this was the highest compensation ever awarded in
India for death of a patient due to “medical negligence”, Dr.
Saha has challenged the said order passed by NCDRC on
numerous grounds including the fact that the NCDRC did not
follow settled principles for calculating compensation in
“medical negligence” cases while dismissing more than 98% of
Dr. Saha’s claim. The NCDRC also used the “Multiplier”
method for calculation of compensation which has never been
used any case of “medical negligence” until now.
The Supreme Court gave a patient hearing to all parties over a
period of two weeks. While several senior advocates (Mr. Vijay
Hansaria, Mr. Ramji Srinivasan) appeared on behalf of the guilty
doctors and AMRI Hospital, Dr. Saha appeared in person to
argue on his own behalf. Many new concepts that prevail for the
victims of “medical negligence” in developed countries including
compensation for “punitive damages” and “inflation” were
strenuously argued before the Apex Court. The Apex Court was
also urged to frame new guidelines for determination of “just
compensation” for the victims of medical malpractice. Dr. Saha
has already testified that apart from his personal legal expenses,
the entire award for death of Anuradha, which now stands more
than Rs. 200 crores including interest, would be donated for
promotion of better healthcare and for the poor children of India.
The Supreme Court's landmark judgment in the medical
negligence case pertaining to Anuradha Saha is being spoken of
as a watershed development. The Supreme Court's decision to
award around Rs 11 crore as compensation to the plaintiff of the
15-year-old Anuradha Saha medical negligence case is welcome.
The judgment and the compensation amount - the highest in
India - highlight the problem of increasing medical malpractice
in the country and should serve as a deterrent in similar cases.
There's no denying that India's healthcare sector is in poor
shape. While public hospitals and clinics suffer from a woeful
lack of infrastructure, private service providers have been
accused of profiteering and other exploitative practices. A weak
regulatory regime has led to the rise of an unholy nexus between
doctors, hospitals and diagnostic services. Hence, patients are left
at the mercy of a venal system with few alternatives.
In such a scenario, it becomes very difficult for victims and their
kin to prove cases of medical negligence. Given the technical
nature of the medical profession, negligent acts of omission or
commission need to be verified by fellow doctors who hardly ever
support the patient. Besides, victims fear that reporting cases of
malpractice will deny them treatment in future. Thus, in this
skewed doctor-patient relationship it's the duty of the system to
protect the latter. Enhanced monetary compensation for proven
cases o