I am a US Qualified Registered Microbiologist-Medical Technologist, operating my own Clinical Lab. I have been an activist advocating consumer, civic, citizen's rights for Thirty plus years & a Frequent contributor to the letters to Editor.

Thursday, July 07, 2011

adding insult to injury

We consumers hope that the reporting of this case is complete.
2000 AD case, takes 11 years to decide through the various levels of "fast track" consumer fora.
Gross negligence, goes against the economically stronger hospital at the lower levels.
They prefer to drag it and the poor suffering patient to Delhi.
They award less than 20000 rs total compensation. 2000 costs?
Why is the legal system afraid of fining the guilty economically stronger party
for misusing the system? If Courts can dissuade nay kill public interest litigation
totally by arbitrarily fining 5 lakhs 10 lakhs why cannot exemplary
costs be imposed in such cases?
Indian Courts seem scared of assigning a numerical value to mental agony and anguish unlike the US system
where exemplary fines can be way beyond the actual costs exactly for dissuading others from misusing the system.
If the patient just got 20 000 rupees after 11 years litigation it is just adding insult to the injury.
It also is a mockery of justice and fair play.



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