Kolkata : The Supreme Court has held a Bengal doctor guilty of negligence for carrying out a major operation at a nursing home that lacked an intensive care unit, potentially opening all hospitals that have surgery facilities but no ICU to the charge of negligence, Dr Biswanath Das has been asked to pay Rs 5 lakh as compensation to the family of Bani Sinha Roy of Calcutta, who died in January 1994 after a hysterectomy by Dr Das at Ashutosh Nursing Home the previous month.
With the case having dragged for 23 years, the court directed the National Consumer Disputes Redressal Commission to ensure that all state consumer forums dispose of cases quickly – if necessary, by making use of videoconferencing.The bench of Justices A.K. Goel and U.U. Lalit agreed with the appellant “that the operation should not have been performed at a nursing home which did not have the ICU, when it could be reasonably foreseen that without ICU there was post-operative risk to the life of the patient”.
A ruling by the Supreme Court of India has ordered all the nursing homes of the country to perform operations only when they have the intensive care unit (ICU) facility.Nursing Homes without the ICU facility cannot carry out surgeries on a patient as absence of an ICU posed danger to the patient’s life.
Sinha had claimed that the nursing home did not have an ICU facility which led to his wife’s death.