Medical negligence: A landmark judgment

By Rachna Bharadwaj, Krishna & Saurastri Associates
0
3480
LinkedIn
Facebook
Twitter
Whatsapp
Telegram
Copy link

Awareness about patients’ rights is growing in India. This trend is clearly discernible in the recent spurt in litigation concerning the liability of medical professionals and the medical establishment. The Supreme Court judgment in the Anuradha Saha medical negligence case is a landmark in the annals of medical jurisprudence. The court not only adjudicated on how to determine negligence on the part of doctors in the event of a patient’s death, but also imposed greater responsibility on them.

The judgment also reinforced the patient’s right to know the line of treatment followed by the doctors and the risks involved in the treatment. The compensation awarded was the highest in a case of medical negligence in India to date.

An extraordinary case

Mrs Saha, aged 36 years, fell victim to toxic epidermal necrolysis (TEN), when she and her husband, Dr Kunal Saha, were in India on a holiday in 1998. On 11 May 1998 she was admitted to Advanced Medicare & Research Institute hospital (AMRI) in Kolkata, where her condition deteriorated. She was later transferred by air ambulance to Breach Candy Hospital in Mumbai, where she died on 28 May 1998.

You must be a subscribersubscribersubscribersubscriber to read this content, please subscribesubscribesubscribesubscribe today.

For group subscribers, please click here to access.
Interested in group subscription? Please contact us.

你需要登录去解锁本文内容。欢迎注册账号。如果想阅读月刊所有文章,欢迎成为我们的订阅会员成为我们的订阅会员

已有集团订阅,可点击此处继续浏览。
如对集团订阅感兴趣,请联络我们

Dr Rachna Bharadwaj is an associate at Krishna & Saurastri Associates and an advocate registered with the Bar Council of India.

Krishna_&_Saurastri_logo

Mumbai | Delhi | Bangalore | Pune | Ahmedabad

Head Office: New Excelsior Building, 7th Floor, Wallace Street
AK Nayak Marg, Fort, Mumbai – 400 001, India

Tel: +91 22 2200 6322

Fax: +91 22 2200 6326 / 66550607

Email: info@krishnaandsaurastri.com

Website: www.krishnaandsaurastri.com

LinkedIn
Facebook
Twitter
Whatsapp
Telegram
Copy link