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War against medical negligence yet to be won: Kunal Saha
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By Anurag Dey Kolkata, June 30
His relentless fight might
have taken away the 'untouchable shield' from doctors guilty of medical
negligence, but Indian American doctor Kunal Saha insists there are
miles to go to cleanse the Indian healthcare system - plagued by
corruption and inefficiency.
Having lost his wife in 1998 to
faulty medical treatment, Saha's unrelenting pursuit for justice bore
fruit 15 years later when the Supreme Court in October 2013 directed
Kolkata's AMRI Hospital and three of its doctors to pay the highest-ever
compensation of Rs. 11.5 crore (nearly $2 million).
Shuttling
between the US and Kolkata, veering from one court to another and taking
on the might of a corrupt administration and battling his own
occupational fraternity, Saha's fight for his beloved wife Anuradha is
the stuff of a Bollywood film where justice eventually pervades over all
evil.
But Saha, often hailed as a 'one man army', insists the war is yet to be won.
"Our
fight surely has instilled some degree of trepidation in the minds of
the hitherto 'untouchable' negligent and unscrupulous medicos. But we
still have a long, long way to go before winning our battle for
establishing a standard and corruption-free healthcare delivery system
for all patients of India," the Columbus (Ohio)-based Saha told IANS in
an email interview.
While the medico-legal scenario in India may
have undergone a change since Anuradha's fateful death, Saha says it was
yet not adept enough to counter medical negligence that has been
assuming alarming proportions in the country.
"We have moved
ahead from the days of medico-legal cases being virtually non-existent,
but most cases of medical malpractice are dismissed by the consumer
courts primarily due to the lack of supporting opinions from medical
experts.
"In order to maintain their 'untouchable' status,
doctors in India are reluctant to come forward and truthfully testify
against their errant medical colleagues, unlike in the Western
countries," said Saha.
Besides the high costs involved in legal
proceedings, Saha points to the paltry amount of compensation awarded
against the errant medicos which fail to have any deterrent effect.
"How can a precious human life be worth even less than a second-hand car in India," Saha wondered.
The
professor and private consultant in HIV/AIDS squarely blames the
Medical Council of India (MCI) and its state bodies for the 'plummeting
standards' of the Indian heathcare system, despite being a highly
profitable venture.
"Corruption has been the biggest bane but the
worst role in this regard is played by the MCI and state medical
councils. They function more to shield their errant medical colleagues.
Hardly any doctor is found guilty by them despite continuous horrific
stories of innocent patients dying from medical negligence," alleged
Saha.
He also expressed alarm over the mushrooming private medical colleges, mostly with inadequate infrastructure and faculty.
"The
sheer number of private medical colleges is glaring evidence that
money, not merit, has taken over the medical education system in India.
In lieu of capitation fees, these colleges are churning out
poorly-trained doctors every year by the hundreds," Said Saha, squarely
blaming the MCI for the state of affairs.
"The Indian government
must wake up and stem the rot in the present medical system. All medical
councils must be reformed with honest and competent doctors who would
not hesitate to revoke the medical licences of unskilled and untrained
doctors in order to protect the vulnerable patients," Saha insisted.
In
order to promote a corruption-free healthcare and support victims of
medical negligence fight for justice, Saha has set up the
Kolkata-headquartered People for Better Treatment (PBT), which now has
branches in a number of cities like Delhi, Ahmedabad, Lucknow and
Bangalore.
The PBT now has a long list of victims of medical
negligence including the likes of movie stars, singers, sportspersons,
lawyers and even political leaders.
It's the PBT public interest
litigation that led the Supreme Court to introduce two new provisions in
the MCI Code of Ethics & Regulations.
The new provisions
mandate the state councils to decide a complaint against a doctor within
six months and empower a victim of alleged medical negligence to file
an appeal with the MCI against the decision of the state medical
council.
"PBT has not been able to reach much of the remote
corners of India despite our best intention and untiring work by
numerous altruistic volunteers, many of whom are victims of medical
malpractice themselves," said Saha.
Talking about his seemingly
impossible fight that even forced him to file for bankruptcy, Saha
asserts his battle is not against doctors.
"This was a seemingly
impossible battle where I had suffered many setbacks. I had to pay an
enormous price, personally, professionally and financially, in order to
win this almost impossible battle for medical justice in India. In fact,
I had to file for bankruptcy in 2010 and also had to foreclose my home
in Ohio in 2011.
"But it was and still is a true crusade for me.
This battle is not against the doctors. My fight is not only for my wife
but for the countless Anuradhas who are dying needlessly in hospitals
across India every day," Saha asserted.
(Anurag Dey can be contacted at [email protected])