Back
SANJAY KAROL, MANOJ MISRA
Kousik Pal – Appellant
Versus
B. M. Birla Heart Research Centre – Respondent
| Table of Content |
|---|
| 1. question of jurisdiction regarding patient care. (Para 2 , 3) |
| 2. findings of the commission regarding clinical incompetence. (Para 4) |
| 3. judicial proceedings and assessments by the high court. (Para 5 , 6) |
| 4. insufficient evidence linking negligence to the death. (Para 7) |
| 5. scope of powers of the wbce act, 2017. (Para 10) |
| 6. restoration of findings by the commission. (Para 14) |
| 7. conclusion and order for compensation. (Para 15) |
JUDGMENT :
Leave Granted.
2. At the heart of this dispute between the appellant, who is aggrieved by the loss of his mother, and the respondent-hospital, is a question of jurisdiction. The apparent tussle is between the Commission established by the West Bengal Clinical Establishments (Registration, Regulation and Transparency) Act, 20171[ Hereinafter, referred to as WBCE Act, 2017] and the State Medical Council. As per the Commission2[By judgment dated 2nd February 2018 in Complaint ID: HGY/2017/000069 titled Mr. Koushik Pal v. B.M. Birla Heart Research Centre & Ors.] and the learned Single Judge3[By judgment dated 24th September 2019 in C.O.No.2050 (W) of 2018, being Dr. Ashok Kumar Giri alias Ashok Giri v. Mr. Koushik Pal & Anr.], the Commissi
The Human Rights Commission’s role is purely recommendatory; it cannot issue binding directions, such as prohibiting medical practice.
The provision of medical services by an employer to its employees constitutes service under the Consumer Protection Act, establishing grounds for compensation in cases of negligence.
Medical practitioners are entitled to fair procedures and natural justice, particularly concerning allegations of infamous conduct, which must align with specific misconduct definitions.
Healthcare providers must adhere to the standard of care associated with their qualifications, reinforcing medical negligence principles.
(1) Liability of Insurance Company – Liability of Insurance Companies is strictly confined to the pecuniary limits and terms of the professional indemnity policies held by the doctors/hospital.(2) Fa....
The main legal point established in the judgment is that the complainants successfully proved medical negligence on the part of the treating surgeon, leading to the patient's death. The court relied ....
Injury There is no question of any injured person falsely implicating anyone innocent for such injury in the absence of any previous enmity.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
