Page 41 - Insurance Times July 2016
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the US said,"this will have a major impact on medical As rashes reappeared more aggressively on May 7, 1998,
negligence and standard of medical care in India". Dr Mukherjee prescribed Depomedrol injection 80 mg twice
daily, a step which was later faulted by experts at the apex
He said, "This will send a strong message to all negligent court.
doctors and unscrupulous hospitals that are reaping(sic)
innocent patients everyday across India." After administration of the injection, Anuradha's condition
deteriorated rapidly following which she had to be admitted
In May 2009, the apex court had awarded a record at AMRI on May 11 under Dr Mukherjee's supervision.
compensation of Rs one crore to wheelchair-bound Infosys
engineer Prashant S Dhananka for medical negligence in a As Anuradha's condition failed to improve, she was flown
surgery by Hyderabad's Nizam Institute of Medical Sciences to Breach Candy Hospital, Mumbai, where she was found
(NIMS) which damaged his spinal chord. He died in 2011. to be suffering from a rare and deadly skin disease -- Toxic
Epidermal Necrolysis (TEN). She died there on May 28,
The apex court, in its common judgement, partly allowed 1998.
the appeals of Saha, who had sought enhancement of
compensation, and three senior Kolkata-based doctors, Dr Dr. Saha had then filed a criminal as well as civil case against
Sukumar Mukherjee, Dr B N Halder and Dr Balram Prasad. the doctors and both the hospitals on the ground that they
were grossly negligent in her treatment leading to her death.
NCDRC, in its judgement, had said AMRI and Dr Mukherjee
would pay Rs 40.4 lakh each to Saha, while two other In 2009, though the apex court absolved the doctors and
doctors, Halder and Prasad, would pay Rs 26.93 lakh each the hospitals of criminal liability for medical negligence, it
to him. had held them culpable of civil liabilities and referred Saha's
plea for compensation under provisions of the Consumer
The apex court said out of the total amount, Dr Balram Protection Act to NCDRC, which, had in 2006, dismissed,
Prasad and Dr Sukumar Mukherjee will pay Rs 10 lakh each the case.
and Dr Baidyanath Halder will have to pay Rs five lakh to
Saha within eight weeks. After the NCDRC judgment, Saha had again moved the apex
court and the three doctors had also filed an appeal ."
One of the four treating doctors, Abani Roy chowdhury, died
during the pendency of case. The Hindu; October 24, 2013
The rest of the amount, along with the interest, will be paid Now question arises;
by the hospital, it said, adding that a compliance report be
filed before it after the payment of the compensation. 1. Whether Professional Liability Insurance can cover such
type of civil liabilities of medical professionals and
Anuradha, a child psychologist, had come to her home town hospitals?
Kolkata in March 1998 on a summer vacation. She had
complained of skin rashes on April 25 and died on May 28, 2. If yes; to what extent?
1998.
3. If not; why Not?
Earlier, NCDRC had fixed the compensation on a direction
by the apex court, which had referred Saha's appeal to it 4. Are there any special conditions or exclusions to such
while holding the three doctors and the hospital culpable Professional Liability Insurance cover?
to civil liability for medical negligence which had led to the
death of Anuradha. 5. Had the apex court not absolved the doctors and the
hospitals of criminal liability for medical negligence,
Dr. Saha, in his plea before NCDRC, had demanded a record what could be the situation as regards application of
Rs 77 crore as compensation. PII, if any?
Anuradha complained of skin rashes and on April 25, had 6. If any medical practitioner wants to take Professional
consulted Dr Sukumar Mukherjee, who, without prescribing Liability Insurance from your company, how will you
any medicine, simply asked her to take rest. guide him in respect of determination of SI keeping in
view the above-noted landmark judgment of the
Supreme Court on medical negligence?
7. Will you consider same underwriting approach and
methodology for determination of sum-insured, rate of
The Insurance Times, July 2016 41
