Record Compensation Awarded in Medical Negligence Case In India
Doctors and hospitals are a worried lot after the Supreme Court on Thursday awarded a record compensation of Rs 5.96 crore in a medical negligence case dating back to 1998. Compensation by SC was decided by the worth of patient an leads us all to a question , should Doctors also charge according to the patients worth. Positive side of the verdict it makes Doctors aware that there is a need to provide patients with recourse however, large punitive damages are known to have a negative impact on healthcare systems, by making doctors practise defensive medicine and increasing the cost of healthcare overall.
How much is too much ? Under CPA there is no cap on the amount of compensation which can be claimed or awarded. It is the earning capacity of and hence the loss to the consumer which is the deciding factor.
The judgment may trigger the introduction of some of the worst aspects of American healthcare to India, marrying it with the worst aspect of India’s legal system – namely judicial delays.
How much is too much ? Under CPA there is no cap on the amount of compensation which can be claimed or awarded. It is the earning capacity of and hence the loss to the consumer which is the deciding factor.
The judgment may trigger the introduction of some of the worst aspects of American healthcare to India, marrying it with the worst aspect of India’s legal system – namely judicial delays.
Detailed article in Business-Standard here.
Record Compensation Awarded in Medical Negligence Case In India
![]()
Reviewed by Sumer Sethi
on
Monday, October 28, 2013
Rating:
Sumer Sethi
Unique blend of academic excellence and entrepreneurship, heading leading firms in India- Teleradiology Providers, pioneering company providing teleradiology services and DAMS (Delhi Academy of Medical Sciences) Premier test preparation institute in India for MD/MS/MCI preparation. He has also been an invited faculty member at various conferences, including Teleradiology in IRIA 2008 and 2011, Hospital Build Middle East, Congress of the Brain Tumor Radiology in Neuro-oncology Society. Dr. Sethi is Editor-in-Chief of Internet Journal of Radiology. He has a keen interest in Web 2.0 technologies and in maintaining his famous radiology blog, which has been featured in multiple international journals.
2 comments:
Looks like India will go the same way as other countries with so called tort reform. Hope it doesn't go to far and fail to protect the rights of victims of medical negligence. Thanks for the post - Medical Negligence Lawyers
Doctor's need to perform their duties properly towards the patient. Because of such Medical Negligence cases, many patients lost their lives. Not only in India even all around the world Medical Negligence cases are increasing.
Post a Comment