Here is a case of an eminent doctor being punished. Regards Marshall Ace cancer doc breached contract: HC Swati Deshpande, TNN Sep 3, 2011, 05.31am IST
MUMBAI: The Bombay high court on Friday held that eminent cancer surgeon Dr Praful Desai committed a "breach of contract" in the case of retired IAS officer P C Singhi's wife, Leela, at Bombay hospital almost 24 years ago, and ordered him to pay damages of Rs 15 lakh with 16% interest. The interest has to be paid since the filing of the case for the "pain and agony" caused and the court also directed reimbursement of all bills to Singhi till date. Justice Roshan Dalvi, who pronounced only the operative part of the judgment in the open court, said it was "not tort" and was silent on negligence. The detailed judgment will be available later. The verdict, on Singhi's civil plea for damages, comes as a double victory for the retired bureaucrat, as on July 5, the Esplanade court, in a criminal case against Dr Desai, had held him guilty of negligence under section 338 of the Indian Penal Code (causing hurt by rash act that endangers human life) and sentenced him till rising of the court. The magistrate had also ordered him to pay Singhi Rs 50,000 as damages for the agony. The magistrate had upheld Singhi's case that his wife was admitted in December 1987 as Dr Desai's patient in Bombay Hospital and that he had recommended surgery in her advanced cancerous state. She left hospital after three months and died 15 months later in Jaipur. Dr Desai's assistant surgeon, Dr A K Mukherjee, a co-accused, was "acquitted" by the magistrate, on the government's request, few months before the trial ended. Before Dr Desai, Dr Mukherjee was an assistant to Dr Paymaster at Bombay Hospital who was treating Leela for a decade. Dr Desai, 77, in Pune for an international gathering on Friday, said he would consult his lawyers on whether to challenge the HC verdict. Senior counsel S H Doctor said he would read the verdict to find out why it was a "breach". http://articles.timesofindia.indiatimes.com/2011-09-03/mumbai/30109386_1_bombay-hospital-hc-verdict-patient
