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The West Bengal Medical Council (WBMC) had barred aneurologist from practicing for a year in 2017, as he was found guilty of medical negligence while treating a patient in Durgapur. But the Supreme Court left behind WBMC’s verdict in February 2019, clearing him of the charge. The neurologist has served a legal notice on the WBMC, asking it to pay Rs 20 crore for defamation, Rs 60 lakh compensation for loss of income and 7 lakhs for legal expenditure. Sources in WBMC said that it was the first time the council has received a legal notice for defamation and compensation.
In July 2017, the council had suspended neurologist Snigdhendu Ghosh’s registration for one year as he was found guilty of medical negligence in a 2010 case. Challenging the WBMC verdict, Ghosh moved the Calcutta HC which suppressed the council’s verdict, asking it to return the doctor’s registration. But the council filed an SLP at the SC. The apex court too cleared Ghosh on February 20, 2019, keeping the Calcutta HC judgment passed of 19 July 2018. The HC, has also observed that Gosh’ spetition for compensation for the time as he could not pursue his profession for 11 months.
Ghosh, who now heads the neurology department at Mission Hospital, Durgapur said that he will wait for two months for the council to respond and if they fail to do so, he will file a defamation suit and seek other damages.
WBMC registrar Manas Chakraborti said that they received the legal notice on Tuesday and this is the first time the council has got such a legal notice for compensating a doctor whose license was cancelled. They are consulting their lawyers and will move to the court against the demand for damages as WBMC has no such provision for compensation.
In December 2010, the case of the medical negligence was registered as a teenage girl had died in a hospital at Durgapur a day after she was shifted from another hospital where Ghosh had checked her, filling in for another doctor, under whom the patient was admitted. The girl’s father had approached the WBMC accusing Ghosh of medical negligence.
Source: ET Healthworld