Dr.Kunal Saha - One Man Army

Kunal Saha’s name still does not ring a bell in Indian media like the many lesser fighters who bask in the regular national channels’ spotlight. But the HIV/AIDS researcher from Ohio battling India’s corrupt healthcare system after his wife’s death from medical negligence in 1998 is a one-man army who this October was awarded the highest ever medical damage by the National Consumer Disputes Redressal Commission (NCDRC).

In one of the longest running cases of medical negligence, the National Consumer Disputes Redressal Commission (NCDRC) recently awarded compensation ofRs. 1.72 crore to the husband on an NRI doctor who had died due to medical negligence while on a social visit to Kolkata in May 1998.

This is the highest quantum of compensation in the medico-legal history of India so far. Till now the highest award was of Rs. 1 crore granted to software engineer Prasanta Dhanaka in May 2009.

The consumer court asked the Kolkata-based Advanced Medicare and Research Institute (AMRI) Hospital and its three doctors to pay up the compensation for the death of Anuradha Saha, a US-based child psychologist and wife of Dr Kunal Saha.

The hospital and the doctors were found guilty of negligence by the Supreme Court in 2009 and the case was referred to the consumer court for the sole purpose of determining quantum of compensation. The NCDRC earlier found no negligence by doctors or AMRI and had dismissed the case in 2006, forcing Saha to approach the apex court.

The compensation includes Rs. 41.9 lakh each to be paid by AMRI and Dr Sukumar Mukherjee, Rs. 27. 93 lakh each to be paid by Dr Baidyanath Halder and Dr Balaram Prasad. Another guilty doctor Abani Roychowdhury is dead so the amount due to be paid by him has been deducted from the compensation package.

The NCDRC has deducted 10 per cent of the amount for 'contributory negligence' on part of Saha himself as he interfered in the treatment. Saha had sought damages totalingRs. 77 crore.

"This judgment makes mockery of justice. It is too meager an amount of compensation in context of this case", Saha said while speaking from Columbus, Ohio.

He said he had spent far more than Rs. 1.77 crore during the 12-year long legal battle, making innumerable trips to India. In any case, he said, he had already pledged to donate the entire amount to People for Better Treatment, a voluntary group set up by him in Kolkata to fight against medical negligence and corruption in medical field.

In the past one decade, Saha has fought against corruption in the Medical Council of India, West Bengal Medical Council, the judicial system and exposed a scam in HIV kits. It was because of his incessant campaign that former MCI chief Dr Ketan Desai was disallowed to take over as President of the World Medical Association and lost his license to practice as a doctor.

Anuradha was a qualified child psychologist who died at an age of 36 years because of maltreatment.

"Apart from my personal loss, pain and suffering due to the untimely death of my wife, the direct loss of income even of a minimum wage earner in the US would amount to far more than the compensation awarded by the NCDRC," Saha said.

Though the judgment brings hope to victims of medical negligence, Saha said he would move SC again seeking enhancement of the compensation.