WB panel awards Rs 30L to kin of baby died due to docs’ negligence

DHNS
November 21, 2017

Kolkata, Nov 21: The West Bengal Clinical Establishment Regulatory Commission has awarded compensation in one of the eight cases, which it has heard in the last six months after it was constituted following after the West Bengal Clinical Establishment (Registration, Regulation and Transparency) Act, 2017 came into force.

Some of the provisions of the Act are similar to the controversial Karnataka Private Medical Establishments (Regulation) Bill, 2017.

 With most of the cases being dismissed after detailed hearings, the West Bengal Clinical Establishment Regulatory Commission on June 23, 2017 found Apollo Gleneagles Hospital guilty and held three doctors negligent in treating a baby, who died on April 19, 2017.

The WBCERC awarded a compensation of Rs 30 lakh to the baby's family and said in its order that the hospital was guilty of mismanagement and misrepresentation of facts and deficiency in services. It also concluded that three doctors seemed to be negligent in carrying out the treatment as expected.

Four-month-old Kuheli Chakraborty, who was admitted to the hospital for a colonoscopy, died primarily because of an anaesthetic overdose.

Aggrieved patients or their kin can approach the Commission under the bill, which was passed on March 17, to redress their grievance.

The provisions of the Act empowers the Commission to award compensation to victims of negligent treatment at private facilities up to Rs 50 lakh and in cases of negligent treatment, hospitals would be liable to compensate victims upto Rs 3 lakh for simple injury, upto Rs 5 lakh for grievous injury and not less than Rs 10 lakh in case of death.

Under the Act, hospitals would be bound to treat victims of road accidents, acid attacks and rape victims irrespective of their ability to bear treatment costs and bodies of patients would have to be released in the eventuality of relatives' inability to pay bills in full.

The law provides for fixing charges for outpatients and inpatients and diagnostics.

Though the Act has been widely welcomed by the people, there are also apprehensions as to whether it will hamper investments in the health sector.

A section of doctors has also expressed dismay over the Commission having no powers to rein in malpractices in government hospitals and that the act gives excessive powers to the public as far as emergency treatment is concerned and some might be tempted to misuse provisions of the act.

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Agencies
February 29,2020

Ahmedabad, Feb 29: The presence of two feral pigeons onboard a GoAir flight at the airport in Ahmedabad in Gujarat created a flutter among the amused passengers, even though the avian surprise did not lead to any untoward incident or delay in the flight.

The incident took place on Friday when the passengers were boarding the Ahmedabad-Jaipur flight.

"Two pigeons had found their way inside the flight G8 702 while the passengers were boarding," an airline statement said on Saturday.

"The crew immediately shooed away the birds. The flight took off at its scheduled time at 5 p.m.," it added.

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Agencies
March 7,2020

New Delhi, Mar 7: The Union government has issued a Global Invite for Expression of Interest for disinvestment in Bharat Petroleum Corporation Limited (BPCL) from prospective bidders with a minimum net worth of $10 billion as of Saturday.

The EoI submissions can be made till May 2, whereas investor queries will be entertained till April 4.

Another condition pertains to a maximum of four members are permitted in a consortium, and the lead member must hold 40 per cent in proportion. Other members of the consortium must have a minimum $1 billion net worth.

The EOI allows changes in the consortium within 45 days, though the lead member cannot be changed.

The GoI proposes to disinvest its entire shareholding in BPCL comprising 1,14,91,83,592 equity shares held through the Ministry of Petroleum and Natural Gas, which constitutes 52.98 per cent of BPCL's equity share capital, along with the transfer of management control to the strategic buyer (except BPCL's equity shareholding of 61.65 per cent in Numaligarh Refinery Limited (NRL) and management control thereon).

The shareholding of BPCL in NRL will be transferred to a Central Public Sector Enterprise operating in the oil and gas sector under the Ministry and accordingly is not a part of the proposed transaction.

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Agencies
June 27,2020

Mumbai, Jun 27: The Bombay High Court observed that COVID-19 patients from poor and indigent sections cannot be expected to produce documentary proof to avail subsidised or free treatment while getting admitted to hospitals.

The court on Friday was hearing a plea filed by seven residents of a slum rehabilitation building in Bandra, who had been charged ₹ 12.5 lakh by K J Somaiya Hospital for COVID-19 treatment between April 11 and April 28.

The bench of Justices Ramesh Dhanuka and Madhav Jamdar directed the hospital to deposit ₹10 lakh in the court.

The petitioners had borrowed money and managed to pay ₹10 lakh out of ₹12.5 lakh that the hospital had demanded, after threatening to halt their discharge if they failed to clear the bill, counsel Vivek Shukla informed the court.

According to the plea, the petitioners were also overcharged for PPE kits and unused services.

On June 13, the court had directed the state charity commissioner to probe if the hospital had reserved 20% beds for poor and indigent patients and provided free or subsidised treatment to them.

Last week, the joint charity commissioner had informed the court that although the hospital had reserved such beds, it had treated only three poor or indigent persons since the lockdown.

It was unfathomable that the hospital that claimed to have reserved 90 beds for poor and indigent patients had treated only three such persons during the pandemic, advocate Shukla said.

He further argued that COVID-19 patients, who are in distress, cannot be expected to produce income certificate and such documents as proof.

However, senior advocate Janak Dwarkadas, who represented the hospital, said the petitioners did not belong to economically weak or indigent categories and had not produced documents to prove the same.

A person who is suffering from a disease like COVID-19 cannot be expected to produce certificates from a tehsildar or social welfare officer before seeking admission in the hospital, the bench noted and asked the hospital to deposit ₹10 lakh in court within two weeks.

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