Present Scenario for fixation of compensation in Medical Negligence case

*Present Scenario for fixation of compensation in Medical Negligence case*

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*DEAR DOCTORS....BE ALERT....*

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* PROFESSIONAL INDEMNITY* IS MUST FOR DOCTORS*

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*OTHERWISE, A DOCTOR MAY LOOSE HIS LIFE TIME EARNINGS IN A SINGLE MEDICAL NEGLIGENCE CASE*

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Extract from:

III (2016) CPJ 421 (NC)

NATIONAL CONSUMER DISPUTES

REDRESSAL COMMISSION, NEW DELHI

Hon’ble Supreme Court, namely, Balram Prasad and Others v. Kunal Saha,IV (2013) CPJ 1 (SC) in which the method of compensation was discussed. No doubt that the compensation in medical negligence cases has to be just and adequate. Due to the changing scenario of medical advancement and expectation of the patients/ people, it’s legitimately expected by the patients or their attendants that the doctor or hospital need to be accountable to a certain degree. If the hospital is having super specialty facilities, higher level of treatment facilities and cost of treatment; there will be higher expectations of treatment and care.

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It is true that compensation cannot be calculated in a perfect mathematical sense, cannot be precise and accurate, but has to be within certain broad guidelines, and within certain broad parameters. We have to consider compensation including loss of income and employment, as well as damages for mental anguish, emotional distress, and pain and suffering. It was observed by the Supreme Court in *Sarla Varma & Ors. v. Delhi Transport Corporation, VI (2009) SLT 663* decided on 15.4.2009.
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“While it may not be possible to have mathematical precision or identical awards, in assessing compensation, same or similar facts should lead to awards in the same range. When the factors/inputs are the same, and the formula/legal principles are the same, consistency and uniformity, and not divergence and freakiness, should be the result of adjudication to arrive at just compensation.”
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Therefore, no amount can be just and adequate in an absolute sense. It all depends on the circumstances and the context and the Courts must be open to treating each case in a different manner so that the decisions are just, equitable, reasonable and prudent. There is no fixed solution.

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In the instant case, bearing in mind the broad principles and the formula devised in *V. Krishna Kumar Case 2015 AIR (SCW) 4283*, we advert to the question of adequate compensation for the medical expenses incurred, financial hardship on account of loss of future earnings and care and inflation, etc. suffered by the family of the Patient. The deceased was about 42 years of age at the time of death, working in the police department. As per the salary pay slip of deceased, his gross salary was Rs. 21,000 per month. The deceased left behind the unmarried daughter and her son, a student of engineering and her old mother as dependents. Considering the age of retirement as 60 years, his remaining service was almost 18 years. With the application of formula used in V. Krishna Kumar’s case, total loss of income would be Rs. 47,02,294.95. (Rounded to Rs. 47,00,000) No doubt, it is an admitted fact that, the medical expenses were not covered under Govt’s Arogya Bhadrata Scheme, therefore, the complainant is not entitled to receive the medical expenses. In the view of above discussion, we deem it imperative to enhance the quantum of compensation. Accordingly, the compensation amount of 10 lacs is increased to Rs. 47 lacs.