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Professional Conduct & EthicsSupreme Court of India

Kousik Pal vs. B.M. Birla Heart Research Centre & Ors.

Not available · 2025 INSC 1487Decided 19 Dec 2025
Not available
Justice Sanjay Karol · Justice Manoj Misra

Background

The appellant's mother was admitted to the respondent hospital for treatment; after five days without improvement she was referred elsewhere, and she ultimately died, which the appellant attributed to negligent diagnosis and treatment by a hospital doctor. He filed a complaint before the Commission set up under the West Bengal Clinical Establishments (Registration, Regulation and Transparency) Act, 2017, which found deficiency in service and awarded him Rs. 20 lakh compensation; a Single Judge of the Calcutta High Court upheld this. However, a Division Bench of the High Court later held that the Commission lacked jurisdiction to decide questions of medical negligence at all, reasoning that deficiency in service and negligence are too intertwined to separate and that only the State Medical Council could adjudicate such issues, setting aside the compensation award. The appellant challenged this before the Supreme Court.

Decision Breakdown

The Supreme Court held that the Division Bench had given "too wide a berth" to the State Medical Council, effectively leaving no room for the Commission to function at all. It clarified that the Commission's power to award compensation for deficiency in patient care under the 2017 Act is separate and distinct from the State Medical Council's power to examine professional medical negligence, and that the two do not conflict, accepting the High Court's reasoning would render the Commission's functioning impossible in most real cases, defeating the legislature's intent in creating it. Finding that the Commission's original findings were not made without due consideration of the medical aspects involved, the Court restored the Commission's 2018 judgment (as affirmed by the Single Judge) and set aside the Division Bench's ruling, directing that the Rs. 20 lakh compensation be paid within eight weeks along with 6% interest running from the date of the Commission's original award.

Lesson Learnt

A specialised clinical establishment regulator's power to award compensation for deficient patient care is not automatically ousted just because the underlying facts also touch on medical negligence: such statutory bodies can and should function alongside professional medical councils, so patients and families are not left without an effective forum for redress.

Kousik Pal vs. B.M. Birla Heart Research Centre & Ors. – Legal Case Shots | LegalAware