The doctors fraternity in the country have demanded to scale down the compensation amount for medical negligence as it is only increasing the number of case filed on frivolous ground and forcing the doctors to look into the income of their patients for calculating the amount of compensation.
The Supreme Court in its judgment in “Dr Balram Prasad versus Dr Kunal Saha & Others” case in 2013 had awarded an amount of Rs.11 crore as compensation for medical negligence. The apex court has also evolved a new formula for calculating the loss of income of the deceased to be paid as compensation by the doctors, which is 70 - age at death x annual income + 30 per cent inflation - 1/3rd as personal expenses.
The judgment has created a sense of panic among the medical professionals in the country. Subsequently in three more cases, the compensation awarded has been more than a crore. This has led to a huge increase in the number of cases filed as well as a significant increase in the premiums paid to insurance companies.
“After the judgment, now doctors are forced to look into the income of our patients as the doctors fear that in case of some medical complication or in case if the patient dies, then the doctors will have to pay a huge compensation taking into consideration the income of the patient and the formula as enumerated by the Supreme Court,” said Dr Jayesh Lele, president-elect of Indian Medical Association (IMA) Maharashtra.
Further he says, “As of today, the medical expenses/charges for the poor or the rich are the same for a given medical service and the doctors do not discriminate between the patients on the basis of their economic status. But the judgment is making the profession to rethink the charges as per the income of the patient.”
A review of literature by IMA shows that the process of capping of compensation of medical practice law suits has been well established in developed countries. India needs to adapt the policies being practiced in developed countries to its own requirements and can benefit greatly from their experience. In India also, there is a capping on the compensation being given to victims of natural calamity, which is approx. Rs.4 lakh, being given by the Union government. Also, in case of failure of sterilisation there is a capping of compensation by the health ministry.
Considering the issue, IMA has suggested an amendment in the present act to cap the maximum allowable compensation in any case of medical negligence; mandatory screening of cases of medical negligence, before the case is admitted in the consumer court; mandatory provision of seeking expert medical opinion by the court before giving verdict on the technical issues; defining the complaints into frivolous, injurious, grievous etc before submitting to the court of law; provision of penalty (to the doctor/hospital) to be proportionate to the amount of compensation claimed.