Medical negligence and compensation inn India: how much is just and effective?

Abstract

There is no denying the fact that human life is precious and in cases of medical negligence, the judges find it extremely difficult to decide on the quantum of compensation as the quantum is highly subjective in nature, and despite the best efforts of the legislature to enact certain laws which can somehow provide a framework for arriving at a quantum, and also interpretation by the judiciary for so many decades, it has not yet been finally settled as to what should be the method used for determining compensation in cases of medical negligence. The multiplier method – followed typically in motor accident cases – provides certainty but does not often end up in arriving at ‘just and adequate compensation’. Hence, the courts rarely follow it in cases of medical negligence. A recent case – Kunal Saha – decided by the Supreme Court in October 2013 has once again raised this extremely important and unsettled issue for debate and discussion. Whatever the quantum of compensation, does it have any serious financial, or any, effect on the erring hospitals and medical professionals is also debatable. This paper examines the issues related to just, adequate and effective compensation in cases of medical negligence and provides certain suggestions.