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ARTICLE · 16 JUNE 2014

Medical Negligence - Legal Aspect In India

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Hon'ble Apex Court has recently awarded a historic verdict having a major impact on medical negligence and standard of medical care in India.

IndiaLitigation, Mediation & Arbitration
Rohit Gupta
Rohit Gupta
Vijaya Singh
Vijaya Singh
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Civil Appeal No.2867 of 2012 with Civil Appeal No.692 of 2012 with Civil Appeal No.2866 of 2012 with Civil Appeal No.731 of 2012 Civil Appeal No.858 of 2012-Decided on 24-10-2013.

Bench of Hon'ble S.C. comprising S. J Mukhopa dhaya and V. Gopala Gowda , JJ.

Hon'ble Apex Court in matter 'Dr. Balram Prasad Vs. Dr. Kunal Saha & Ors.' & other connected cross appeals1 has recently awarded a historic verdict having a major impact on medical negligence and standard of medical care in India.

The Supreme Court vide its Judgment enhanced the compensation amount of Rs 1.73 crore, which was awarded by the National Consumer Dispute Redressal Commission (NCDRC) in 2011 to the tune of Rs 5.96 crore and asked the Kolkata- based Advanced Medicare and Research Institute (AMRI) and the doctors to pay the amount and also asked to pay interest at the rate of 6 per cent from the date of filing of the complaint in 1999 till the actual date of payment to Kunal Saha, a US-based Indian-

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