Medical negligence case: SC for contacting foreign experts
New Delhi: The Supreme Court on Monday allowed
examination of foreign experts through vide conference to
determine the compensation sought by Kunal Saha, a US-based
doctor whose wife Anuradha died due to medical negligence at
a Kolkota hospital.
A vacation bench of Justices G S Singhvi and C K Prasad
clarified that the apex court`s August 2009 judgement was
clear in which it was ruled that foreign experts could be
examined through video conference at the cost of the negligent
The apex court gave the clarification while dealing with
the Special Leave Petition filed by Kunal Saha challenging
certain orders passed by the National Consumer Redressal
Kunal Saha is seeking a compensation of Rs 140 crore for
the death of Anuradha, a US-based child psychologist, who died
in 1998 due to wrong treatment by top Kolkata doctors/hospital
during a visit to India in 1998.
On August 7, 2009, the apex Court had held four senior
Kolkata doctors (Sukumar Mukherjee, Baidyanath Halder, Abani
Roychowdhury and Balaram Prasad) and a top Kolkata hospital,
Advanced Medicare Research Institute (AMRI) responsible for
causing the death of Anuradha.
The SC remanded the matter back to the National
Consumers? Forum (NCDRC) only for determination of the quantum
of compensation to be paid to Kunal Saha, an US-based
consultant on HIV/AIDS.
The apex court had also earlier imposed an additional
penalty of Rs 5 lakh against AMRI hospital and Rs. 1 lakh
against Dr. Mukherjee for their role in Anuradha’s death.
On the basis of the apex court`s judgement, Kunal is
seeking to adduce the evidence of US economic experts (Prof.
John Burke, from Cleveland; Dr. John Broughton, a professor in
Psychology at Columbia University, New York; Joe Griffith, a
legal expert on damages allowed in medical negligence cases
and Angela Hill, an economic expert from Ohio, in support
his compensation claim.
He is seeking such a huge compensation on the ground that
both of them had flourishing practice in the US before
Anuradha`s death in 1998 when the couple were on a holiday to
Anuradha died due to septecemia at the private hospital
where she was admitted for skin allergy.
According to Kunal, the entire money from the compensation
in this case would be donated for promotion of better
healthcare and for the poor children in India.
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