Medical negligence remains a pressing issue, with cases surfacing regularly that highlight the critical need for accountability. In a recent ruling, the National Consumer Disputes Redressal Commission ordered Dr. Anirban Chatterjee and Nightingale Diagnostic & Medicare Centre, Kolkata, to jointly pay Rs 75 lakhs in compensation to a patient who lost her right leg due to surgical negligence. The surgery, performed in 2015, resulted in severe complications, reinforcing the need for strict surgical protocols and accountability.
Despite the improvement in the country’s doctor-to-patient ratio, now one doctor for every 834 residents, surpassing the WHO’s recommendation of 1:1000, cases of medical negligence persist. Reports indicate that preventable errors claim 5.2 million lives annually. However, a crucial concern is the unjustified persecution of many doctors in cases where death was inevitable, raising questions about the accountability of both the judiciary and medical professionals.
Let’s examine some well-known medical negligence cases in India that highlight the complexities of these issues and the lessons they teach.
Kunal Saha vs. AMRI: A Landmark Medical Negligence Case
In April 1998, Anuradha Saha, a US-based child psychologist, visited Kolkata and sought treatment from Dr. Sukumar Mukherjee for fever and skin rashes. Instead of prescribing medication, the doctor suggested rest. As her condition worsened, he administered an excessive dose of Depo Medrol, leading to severe complications. She was later admitted to AMRI Hospital, where inappropriate treatment continued. Her husband, Dr. Kunal Saha, eventually transferred her to Breach Candy Hospital, Mumbai, where she succumbed to Toxic Epidermal Necrolysis on May 28, 1998.
Determined to seek justice, Dr. Saha fought a 15-year legal battle. After initial setbacks at the West Bengal Medical Council and Calcutta High Court, he finally won in the Supreme Court, which awarded him INR 11 crore in compensation, the highest amount ever granted in an Indian medical negligence case.
This case underscores the importance of accountability in medical practice and the need for vigilance in patient treatment. It also highlights that doctors themselves can fall victim to negligence by their peers.
Jacob Mathew vs. State of Punjab: When Negligence Meets Legal Protection
On February 22, 1995, patient Jiwan Lal was admitted to CMC Hospital, Ludhiana, for breathing difficulties. When his son called for help, doctors arrived 20-25 minutes later and attempted to provide oxygen, only to discover that the oxygen cylinder was empty. With no replacement available, he passed away due to the delay.
The family filed an FIR under IPC Sections 304(A) and 34, alleging criminal negligence. However, the Supreme Court ruled that since Lal was already in a terminal stage of cancer, the doctors’ actions did not constitute criminal rashness. Instead, the hospital was found liable for infrastructure failures.
This case highlights the need for hospitals to maintain proper medical infrastructure while also distinguishing between criminal negligence and unavoidable medical complications.
V. Kishan Rao vs. Nikhil Super Speciality Hospital: A Case of Misdiagnosis
In 2002, Krishna Rao, a malaria officer, admitted his wife to Nikhil Super Speciality Hospital with fever and chills. Despite tests and treatment, her condition worsened. When the hospital staff administered saline containing visible particles, the family objected, but their concerns were ignored.
Her health deteriorated, and she was shifted to Yashoda Hospital, where it was found that she had been misdiagnosed and wrongly treated for Typhoid instead of Malaria. The Supreme Court ruled in favor of Krishna Rao and granted INR 2 lakhs in compensation, citing the legal principle of “res ipsa loquitur” (the thing speaks for itself).
This case highlights the grave consequences of misdiagnosis and the importance of accurate medical testing.
Dr. Archana Sharma’s Suicide: When Doctors Become Victims
In March 2022, Dr. Archana Sharma, a gynecologist, tragically took her own life after being falsely accused of medical negligence. A patient had died due to postpartum hemorrhage (PPH), a well-known medical complication. However, the patient’s family filed an FIR under IPC Section 302 (murder), leading to immense harassment and reputational damage.
Unable to cope with the public pressure and wrongful allegations, Dr. Sharma left behind a note pleading: “DON’T HARASS INNOCENT DOCTORS.”
This case sheds light on the growing threat of false accusations against doctors. While medical negligence should be addressed, not every medical outcome is a result of negligence. There must be legal safeguards to protect doctors from unjust harassment.
Final Thoughts on How Doctors Can Protect Themselves
Medical negligence cases are complex and can impact both patients and doctors. While some cases reveal genuine negligence, others expose the wrongful targeting of medical professionals. The legal framework must ensure that both patients and doctors are treated fairly.
To move forward, we must ask ourselves:
- Was the medical professional truly negligent, or was it an unavoidable outcome?
- Are we ensuring fair treatment for both patients and doctors under the law?
While patients deserve justice, doctors also need protection from false accusations and legal harassment.
The Need for Professional Indemnity Insurance (PII)
To safeguard themselves from legal and financial repercussions, doctors must invest in Professional Indemnity Insurance (PII). PII provides legal defense, financial coverage for compensation claims, and peace of mind in an era where litigation against doctors is on the rise.
Medical professionals must proactively protect themselves while continuing to provide ethical and responsible care. By ensuring proper legal safeguards and adequate PII coverage, doctors can focus on saving lives without the fear of baseless persecution.