Founder president Dr Kunal Saha,who won a record Rs 11 crore as compensation, including interest, in a medical negligence case that led to his wife's death, announced the setting up of the new chapter at a press conference on Tuesday.
"The new chapter will be under the supervision of Sishir Chand, who has lost his brother due to medical negligence. We have many such persons who have suffered the consequences of medical negligence coming forward to help in the work of PBT," said Dr Saha. He added that a good part of the money that he has been awarded by the Supreme Court as compensation will be used to further the work of PBT in improving the accountability in healthcare delivery.
"Doctors think I am out to get them. But I am a doctor myself. I have no personal enmity with them. But we have to have a proper regulatory system and that starts with the state medical councils and the Medical Council of India ( MCI) which are riddled with corruption. I am fighting several cases to expose the problems in these councils," said Dr Saha adding that he wanted to ensure that "other Anuradhas do not die".
According to Mihir Bannerjee vice president of PBT, hundreds of people from across the country contact the organisation regarding cases of medical negligence and seek help to get justice. PBT hopes to be able to help all such victims fight for justice.
Though the Supreme Court awarded only a fraction of the Rs 77 crore that Dr Saha had sought as compensation, he said he was very happy with what the judgment said as it had set a precedent in many ways such as calculating prospective loss when deciding the compensation amount. Prospective loss means that the court takes into consideration not what a person was earning or not earning at the time of the medical negligence, but looks at what the person would have potentially earned in a normal life span. "So, even in the case of the death of a housewife and child, the compensation would not be zero as they earned zero at the time of death. Instead, it will take their prospective earning and calculate the loss accordingly. The judgement also enhanced the amount taking inflation in the intervening period of the case into consideration which is also a first," said Dr Saha.
"This and other aspects of the judgment such as holding the hospital responsible for paying the bulk of the compensation amount and taking the interest on the compensation amount into consideration have set a new precedent in deciding the compensation in such cases," said Dr Saha. Referring to the complaint of medical negligence in the death of former Chief Justice J S Verma, Dr Saha urged people to fight for more accountability in the health system as anyone from any walk of life no matter how rich or powerful could become the victim of medical negligence.
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