Kolkata Nursing Home Ordered to Pay Compensation for Medical Negligence
WBCERC’s Directive to Megacity Nursing Home
The West Bengal Clinical Establishment Regulatory Commission (WBCERC) has mandated Megacity Nursing Home, located in Barasat, North 24 Parganas, to compensate Rs 10 lakh. This decision stems from a case of medical negligence that resulted in the death of a patient shortly after childbirth.
Background of the Case
The case dates back six years and involves a 25-year-old woman who died shortly after delivering her baby. Having been under the care of the attending doctor throughout her pregnancy, she was admitted to the nursing home in October 2019. Following her delivery in the morning, she experienced severe complications. Allegations have surfaced claiming that no doctor examined her after childbirth, and she passed away around 5:30 PM the same day.
Previous Hearings and Interim Relief
During a 2021 hearing related to the complaint, the nursing home asserted that the attending doctor was notified but failed to arrive in time. The Commission then provided interim relief of Rs 2 lakh and suggested the family approach the West Bengal Medical Council for any grievances regarding the doctor’s conduct. However, it was reported that the nursing home did not release the interim compensation amount.
Legal Proceedings and Findings
Instead of issuing the Rs 2 lakh compensation, the nursing home chose to appeal to the High Court. The court, however, declined to stay the WBCERC’s order. In a further investigation, the medical council determined that the doctor had committed medical negligence, leading to disciplinary actions against him. The accused doctor subsequently appealed to the High Court for a stay on the decision, which was rejected. His appeal against the medical council’s ruling is still pending.
Final Commission Ruling
In a rehearing conducted earlier this month, Justice Ashim Kumar Banerjee (Retired), the Chairman of the WBCERC, stated, “We have a provision to impose a compensation of Rs 10 lakh if medical negligence leads to death. We have previously already asked the facility to pay Rs 2 lakh; now we have asked them to pay Rs 8 lakh in 10 instalments.” The petitioner has approached the commission for a final compensation following the medical council’s decision.