SIZE OF COMPENSATION FOR MEDICAL NEGLIGENCE – A WAKE UP CALL FOR HEALTH BUSINESS
(Published in Legal News & Views, Indian Social Institute, New Delhi, Vol 23: No. 8: August 2009) Safety of patients from incompetent and negligent doctors and safety of doctors from undue harassment from unscrupulous litigants has been a perennial problem faced by the Medical Jurisprudence. But when a two judges bench of the apex court in the case of Martin F. D'Souza v . Mohd. Ishfaq [1] directed in February 2009 that whenever a complaint is received against a doctor or hospital by the Consumer Forum or by the Criminal Court then before issuing notice to the doctor or hospital it should first refer the matter to a competent doctor or committee of doctors, specialized in the field relating to which the medical negligence is attributed, and only after that doctor or committee reports that there is a prima facie case of medical negligence should notice be then issued to the concerned doctor/hospital, many perceived that balance has tilted in favour of doctors as a team of ...