NRI
Dr.
Saha's wife death from medical negligence case, final hearing on
May 14
Columbus, Ohio, May 09, 2009
Kunal Saha, MD, PhD
HIV/AIDS Specialist
I would be coming down to Delhi once again next Wednesday
as both the “criminal” and “compensation”
cases for my wife’s (Anuradha Saha) death from medical negligence
has now been listed for final hearing on Thursday (May 14) before
Justice Mr. S.B. Sinha (Court No. 4, Item no. 28). As you know,
I went to Delhi last January and started a hunger strike against
the inordinate delay of listing of Anuradha’s case and in
the course of this, nabbed (through CBI) 2 Supreme Court Registry
employees for taking bribes. My case was listed for final hearing
but the hearing never really started because of various problems
within the Apex Court and I had to return to USA after staying there
for almost 3 months.
But since this case has again been listed for final hearing just
2 days before the SC goes on summer vacation (last day of SC work
is Friday, May 16), I have no choice but to rush back to Delhi to
argue this historic case against medical negligence. As you know,
countless people in India are eagerly looking forward for justice
in Anuradha death case because despite regular incidence of deaths
from reckless medical practice by the hitherto “untouchable”
doctors in India, hardly any doctor is found guilty either by the
medical council or the court of law.
For the first time in India’s medico-legal history, two senior
doctors (Dr. Sukumar Mukherjee and Dr. Baidyanath Halder) were found
guilty for gross medical negligence (under IPC 304A) and sentenced
to jail for causing Anuradha’s death by the trial court in
Kolkata in 2002. Although the Calcutta High Court later overturned
their criminal conviction, the Apex Court has already admitted my
special leave petition (SLP) against the High Court back in 2005.
But since then, this important case has been put in a total slumber
by the Supreme Court of India until I went to Delhi last January
and created a huge uproar against corruption in the SC.
This battle for justice is a “crusade” for me for the
past almost 11 years (Anuradha died during a social visit on May
28, 1998 at an age of only 36). Justice in this case may have far
reaching consequences in the practice of medicine in India. This
is why the power medical lobby (IMA and medical councils) has been
fighting to stop justice in this case. I urge you to cover the final
hearing in this ultimate battle for justice next week and bring
it to the people of India to help them to stand up against the untouchable
doctors and stop the need less loss of innocent lives from reckless
practice of medicine in our motherland.

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