The doctors’ fraternity in the country have demanded to scale down the compensation amount for medical negligence as it is only increasing the number of case filed on frivolous ground and forcing the doctors to look into the income of their patients for calculating the amount of compensation. The apex court has also evolved a new formula for calculating the loss of income of the deceased to be paid as compensation by the doctors, which is 70 - age at death x annual income + 30 per cent inflation - 1/3rd as personal expenses. The Supreme Court in its judgment in “Dr. Balram Prasad versus Dr.
Kunal Saha & Others” case in 2013 had awarded an amount of Rs.11 crore as compensation for medical negligence. The judgment has created a sense of panic among the medical professionals in the country. Subsequently in three more cases, the compensation awarded has been more than a crore. This has…
