“The issues of patient care service are dependent upon the competence of the concerned doctor or the ECG technician” : State of West Bengal
Title: B.M. Birla Heart Research Centre -Vs.- State of West Bengal & Ors.
Citation: MAT 1595 of 2019
Decided on: 15.12.2023
Coram: Justice Arijit Banerjee & Justice Apurba Sinha Ray
Introduction
This case highlights the potential consequences of inadequate patient care, even if medical negligence isn’t proven. It also demonstrates the importance of thorough investigations and fair compensation for families impacted by hospital shortcomings.
Facts of the case
A writ petition was filed under article 226 of the constitution of India before a single judge of Calcutta High court by BM Birla Heart Research Centre (BMBHRC) challenging the judgement and order of West Bengal Clinical Establishment Regulatory Commission. The case involved a bereaved son accusing BMBHRC of negligence as the reason for his mother’s death. He cited delays in shifting her, improper medication, diagnosis, and communication.
The Commission investigated, finding no medical negligence but significant deficiencies in patient care. They awarded the family 20 lakh rupees (approximately $26,000) in compensation.
The court, after hearing the parties and taking into consideration the materials on record, dismissed the said writ application holding that the conclusion arrived at by the Commission was correct and justified.
Aggrieved by this judgement and order, BMBHRC challenged the decision, arguing the judge overlooked their arguments and evidence and that he had flawed analysis and findings.
Court’s observation and analysis
The Court set aside the impugned judgment passed by the learned Single Judge as well as the order of the Hon’ble Commission. The instant appeal, was thus, allowed but without any order as to costs. In this case the issues of patient care service was dependent upon the competence of the concerned doctor or the ECG technician. The court made reference to the case – State of Punjab Vs. Shiv Ram & Ors.( AIR 2005 SC 3280 ), wherein the Hon’ble Apex Court has been pleased to observe in paragraph 28 that unless primary liability is established, vicarious liability on the state cannot be imposed. The Commission lacked authority to judge doctor misconduct because a specialized body handles such cases under specific regulations. The court wasn’t informed of this. The court made the wrong judgment about the expected level of doctor’s competence due to incomplete guidance. According to the commission had the ECG of the patient been done and interpreted by the BMBHRC’ through a competent doctor and technician, such untimely death of Arati Pal might have been averted. The questions whether or not the doctors or the clinical establishment were at fault in diagnosis, are issues of medical negligence which the Commission could not have BEEN adjudicated and the Commission had rightly refused to enter into that arena. Furthermore, there is no material on record showing that there was any nexus between the ECG report done and the death of the patient Arati Pal. The allegation against the incompetent doctor is such that he has committed professional misconduct under Regulation 7.20 of Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulations, 2002 and for which a specific provision has been made for determining whether he has committed any professional misconduct or not. The Commission has therefore no authority to observe that the doctor was not qualified to conduct as well as interpret the ECG report.
Furthermore, unless the Medical Council of the West Bengal declares through specific and appropriate disciplinary action that Dr. Giri is an unqualified doctor, the Commissioner has no authority to declare Dr. Giri as unqualified to perform ECG or to interpret the findings thereof.
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