“Cal. High Court Sets Aside WBCERC Award, Observes ‘Double Standards’ in Medical Negligence Case”

07 May 2024 8:19 AM

By: Admin

In a landmark judgment, the High Court at Calcutta has set aside an award by the West Bengal Clinical Establishment Regulatory Commission (WBCERC) that directed Park Hospitals to pay Rs. 20 lakh for alleged medical negligence. The case revolved around the unfortunate demise of Dr. Shraddha Bhutra, who was pregnant and under the care of Dr. Supriya Khetan.

The High Court observed that the Commission applied “double standards” in its judgment. “The Commission ought to have adverted to the aforesaid factors and yardsticks while deciding the issue of compensation,” the Court noted in Para 37 of the judgment.

The Court pointed out that Park Hospitals was not solely to blame for the tragic incident. “It is clear that Belle Vue kept the patient waiting for at least 35 minutes at a crucial juncture, immediately after which the patient met her demise,” the Court stated in Para 33.

The matter has been remanded for re-adjudication. “The matter is remanded to the respondent no.1-Commission for a re-adjudication, upon giving opportunity to the parties to produce further evidence,” the Court directed in Para 38.

The Court also highlighted the roles of other hospitals, including Apollo and Belle Vue, stating that they too played roles in the unfortunate series of events. “The Commission did not properly assess the roles of all involved Clinical Establishments,” the Court observed in Para 29.

The Commission has been directed to complete the re-adjudication as soon as possible, “preferably within three months from the date of communication of this order to the Commission,” as per Para 38 of the judgment.

This ruling is expected to have significant implications for medical negligence cases, particularly those involving multiple clinical establishments.

D.D-30.Aug.2023

Park Hospitals and another vs The West Bengal Clinical Establishment Regulatory Commission and another