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NRI, Dr. Saha's wife death medical negligence case

Court reprieve for NRI fighting 'medical corruption'


KOLKATA, June 26, 2006
IANS

The Calcutta High Court on Monday rejected a plea by the West Bengal Medical Council (WBMC) against a US-based Indian-born scientist fighting a case of medical negligence and also to hold a full hearing of his appeal.

A division bench of the court fixed the hearing of two appeals by noted Ohio-based AIDS researcher Kunal Saha, fighting a case of alleged medical negligence leading to his wife Anuradha's death in 1998, for a full hearing on Wednesday.

Saha has appealed against the dismissal of his petition by a single-judge high court bench in which he had complained that the WBMC had deliberately acquitted the primary accused, Sukumar Mukherjee, for 'medical negligence' causing the death of his wife.

In a separate but related appeal, Saha has accused that WBMC president Ashok Chowdhury was "biased".

Saha recently suffered a legal setback when his claim seeking Rs 770 million or $17 million - India's biggest medical negligence compensation claim - from five city-based doctors, including eminent physician Mukherjee, and the AMRI hospital was dismissed by the National Consumer Disputes Redressal Commission (NCDRC) in New Delhi on June 1.

In its judgement, the commission relied on the WBMC findings and observed that when an experts' body has already found no wrong with the treatment, a consumer court cannot hold the doctors guilty.

Saha has vowed to appeal to the Supreme Court against the NCDRC judgment after the apex court reopens on July 3 following the vacation.


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NRI, Dr. Saha filed three cases against the doctors, who were responsible for his wife’s death

Kunal Saha, M.D., Ph.D.
Asst Professor
College of Medicine and Public Health
Pediatrics - Molecular Medicine
Children's Hospital Research

  • Compensation claim of Rs.777 million
  • Entire compensation amount would be donated for promotion of health in India