Page 40 - Insurance Times July 2016
P. 40
Continued from last issue : Underwriting Liability Insurance - (Non- Industrial Risks)
UNDERWRITING
PUBLIC LIABILITY
INSURANCE
(PROFESSIONAL
LIABILITY
INSURANCE)
L et us start our discussion on Professional doctors negligently prescribed medicine which aggravated
Liability Insurance with the following recent the condition of the patient and finally led to her death.
landmark judgment given by the Supreme Following is the text of the report of The Hindu in this case
Court on negligence of medical professionals in on 24th October 2013 on the landmark judgment the case.
Kolkata.
Case: Kolkata hospital, 3 doctors asked by the
Whenever we talk about landmark judgment in medical Supreme Court to pay Rs.5.96cr. for negligence
negligence, the first case that comes into our mind is the
high profile and most talked case Kunal Saha Vs AMRI, "In the highest ever compensation awarded in a medical
Kolkata (1998), which is also known as Anuradha Saha Case. negligence case, the Supreme Court on Thursday (23rd
This case which was filed in 1998 with the allegation of October 2013) asked Kolkata-based AMRI Hospital and three
medical negligence against AMRI Hospital and their three doctors to pay a whopping Rs 5.96 crore along with interest
doctors named Dr. Sukumar Mukherjee, Dr. Baidyanath to a US-based Indian-origin doctor who lost his 29-year-old
Halder and Dr. Balram Prasad ended with the highest ever child psychologist wife during their visit to India in 1998.
compensation award of Rs.5.96cr. by the Supreme Court
on 24th October 2013 for a medical negligence causing the A bench of justices C K Prasad and V Gopala Gowda raised
death of Anuradha Saha, wife of Mr.Kunal Saha. Precisely, the compensation amount of Rs 1.73 crore, awarded by
Mr. Saha's wife was suffering from drug allergy and the the National Consumer Dispute Redressal Commission
(NCDRC) in 2011, to Rs 5.96 crore to Kunal Saha, an AIDS
CA. R C Guria researcher in Ohio, and asked the Advanced Medicare and
Research Institute (AMRI) and the doctors to pay the
CA, FIII, M.COM. amount within eight weeks along with interest at the rate
WBA&AS (Ex) EX-CRM of 6 per cent from the date of filing of the case in 1999.
New India Assurance Co. Ltd.
Terming the verdict as "historic", Dr. Saha in an email from
40 The Insurance Times, July 2016
