Medical negligence: Historic "Curative" petition filed
in SC
Columbus, OH, Dec. 02, 2008
Dr.Kunal Saha, M.D., Ph.D.
A Curative petition has just been filed in the Supreme Court
(SC Diary No. 33759/2008; copy attached) against the West Bengal
Medical Council (WBMC) and its president, Dr. Ashok Chowdhury,
for the devious role that he played in acquitting Dr. Sukumar
Mukherjee, primary accused doctor responsible for the wrongful
death of my wife, Anuradha, during a social visit to India in
1998 .Curative petition in the SC is extremely rare and it requires
a "certificate" from a bona fide SC-designated senior
advocate. A Curative petition can be filed only when the judgment
by a SC division bench is deemed as improper and made in violation
of previously established judicial norms. Curative petitions are
always decided by a bench comprised of the three senior-most justices
of the Apex Court.
Dr. Sukumar Mukherjee and two other senior doctors (Dr. Abani
Roychowdhury and Dr. Baidyanath Halder) were exonerated by the
WBMC from all charges of medical negligence for causing the death
of Anuradha in a botched up investigation. Serious charges were
brought against Dr. Ashok Chowdhury before the Calcutta High Court
and Supreme Court for his "biased" attitude and deliberate
mishandling of the investigation. Dr. Chowdhury, a friend of accused
Dr. Sukumar Mukherjee for the past 30-40 years, has claimed that
he did not vote in the WBMC investigation even though he has admitted
that he presided over the entire investigation and signed the
final order acquitting all doctors including Dr. Mukherjee.
Previously, a division bench presided by the chief justice of
India (Mr. K.G. Balakrishnan) passed a non-speaking order dismissing
the case against Dr. Ashok Chowdhury and WBMC. The present Curative
petition has been filed challenging that decision by the SC division
bench. A well-known Senior Advocate and ex-president of the SC
Bar Association, Mr. M.N. Krishnamani, has endorsed this petition
and issued the certificate essential for filing Curative petition
in the SC. The attached copy of the "Curative" petition
also contains Mr. Krishnamanis the certificate and primary basis
for his support for this historic petition.
A separate criminal case (SC Criminal Appeal No. 1191-1194/2005)
and civil (SC Civil Appeal No. 1727/2007) case for compensation
of Rs. 144 crore against these accused doctors and AMRI/Apollo
Hospital are also pending before the Apex Court at this moment
for final adjudication. Victims of medical malpractice from all
across India have been eagerly waiting for justice in the Anuradha
death case. These legal matters will have far reaching consequences
on medical negligence cases in India. The Curative petition
will also have important significance on investigations of complaints
against the errant doctors by the state medical councils across
India. You can contact my advocate on record, Mr. Shashi Bhushan
(Tel: 9868206641) or senior advocate, Mr. M.N. Krishnamani (Tel:
9811065316) for further information about these matters. I hope
you will bring this important development about medical negligence
to the ordinary people of India. Also, please feel free to contact
me if you have any questions. Thank you.
Click:
Curative"
petition
