Supreme Court clarifies Commission’s authority to decide deficiency in patient service under WBCE Act, separate from medical negligence adjudication.
Case in NewsSupreme Court rules Commission can decide deficiency in patient service under WB Clinical Establishments Act . |
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Case Name: Kousik Pal v. B.M. Birla Heart Research Centre & Ors.
Case Overview
In Kousik Pal v. B.M. Birla Heart Research Centre & Ors., the Supreme Court examined the scope of powers of the Commission constituted under the West Bengal Clinical Establishments Act, 2017 . The Bench comprising Justice Sanjay Karol and Justice Manoj Misra considered whether the Commission could adjudicate complaints relating to deficiency in patient care service and award compensation . The case arose from the death of the petitioner’s mother shortly after being transferred from the respondent hospital following which allegations of negligence and improper diagnosis were raised .
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Key Aspects
The dispute highlights the distinction between medical negligence and deficiency in patient care service and the respective jurisdictions of statutory bodies under the WBCE Act .
- Patient admitted for five days and transferred after being declared “stable” .
- Death occurred within hours of transfer to another hospital .
- Complaint filed alleging negligence and improper diagnosis .
- Commission found incorrect discharge summary and unqualified medical personnel .
- Compensation of ₹20 lakhs awarded for deficiency in service .
Legal Insights
The judgment clarifies legislative intent and statutory functions under the WBCE Act ensuring patient protection through regulatory oversight .
- Section 36, WB Clinical Establishments Act, 2017: Empowers Commission with supervisory jurisdiction .
- Section 38(1)(x), WBCE Act: Mandates ensuring duly qualified medical personnel .
- Medical negligence falls within State Medical Councils’ domain including #West Bengal Medical Council .
- Deficiency in service is a distinct concept, separable from negligence .
Court’s Verdict
Setting aside the Division Bench judgment, the Supreme Court restored the Commission’s decision . It held that the Commission lawfully examined qualifications of hospital staff and awarded compensation for deficiency in service . The Court cautioned that excessive restriction of the Commission’s role would defeat legislative intent and undermine patient safeguards .
Source – Supreme Court of India
Read also – Compensation
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