In a recent judgement, the Supreme Court weighed arguments dealing with compensation for medical negligence. The case involved a minor who suffered “suffered from wrong diagnosis and wrong treatment, which led to rashes on her body, and which became beyond control.” Turns out that the doctor who treated the patient was an “Ayurveda doctor”, someone with a Bachelor of Ayurvedic Medicine and Surgery (BAMS) degree, and “was not competent to prescribe allopathic medicines, which amounts to medical negligence.”
The patient’s father filed a consumer complaint and was offered Rs. 1 lakh (plus interest) in compensation for “medical negligence.” Dissatisfied with the amount, the father appealed to the State Commission which dismissed the appeal and upheld the Rs. 1 lakh award. The father then appealed to the National Commission, which increased the amount to Rs. 10 lakhs. [Rs 1 lakh is about $1,200.]
This award was appealed before the Supreme Court. And on Sept 9, the Court ruled as follows:
“… [since] even today the complainant has not recovered completely and is under treatment, we are of the opinion that the amount of Rs. 1 lakh awarded by the District Forum is required to be enhanced … so as to do the substantial justice to the complainant. We are of the opinion that if the amount of compensation is enhanced to a total sum of Rs. 4 lakhs … the same shall meet the ends of justice.”
So there it is: The Court split the amount down (almost) the middle, awarding Rs. 4 lakh for the medical negligence.
The Moving Hand Writes 