CONSUMER COURT HOLDS TOP KOLKATA HOSPITAL AND SENIOR CARDIOLOGIST GUILTY FOR BOTCHED “INFORMED CONSENT” AND DEATH OF A MILITARY WING COMMANDER
byPBTINDIAonOCTOBER 18, 2016
Rabindranath Tagore Heart Institute, a top cardiac center in Kolkata, and their senior cardiologist, Dr. J. Naik, were found guilty for causing death of a retired Wing Commander, Mr. Robin Saram Verma, following an ordinary coronary angiogram (CAG) after obtaining an invalid “informed consent” from the patient without properly explaining the associated risks involved with the procedure.
The three-judge bench has awarded a compensation of Rs. 3 lakh plus Rs. 25 thousand (as legal cost) to be paid by the doctor and hospital within 45 days failing which 9% interest would be added to the compensation (see news below). The observation made in this judgment may have major implications in other cases of medical negligence involving botched “informed consent”.
Doctors are duty bound to obtain a valid “informed consent” from the patient/patient-party before undertaking any medical/surgical procedure after fully explaining the possible risks associated and also other options for treatment. Unfortunately, most doctors and hospitals in India blatantly violate the rules for obtaining a proper “informed consent” because they are hardly ever brought to justice for failure to obtain a properly implemented “informed consent”.
Jayeeta Verma Sarkar, daughter of the deceased military man,came to PBT in 2010 following the negligent death of her father seeking help in her quest for justice for her departed father. Over the past six years, Ms. Sarkar has not only launched a recentless fight against the powerful hospital and doctor, she has also joined PBT as an ardent volunteer to help other victims of medical negligence.
Ms. Sarkar is now also a member of the PBT Executive Committee and has been deeply involved with helping other victims of medical negligence. The MCI also found Dr. Naik guilty for professional misconduct in 2014 and directed the Orissa Medical Council to cancel his medical license but the state medical council has refused to take any action against the errant doctor until now.