Come Friday, the Mamata Banerjee Government will table a stringent Clinical Establishment Bill which will not only create a Health Regulatory Commission but also prescribe provisions to compensate the victims of deficient service in a maximum six months’ time and go as far as to penalise the erring hospitals, including cancellation of registration and incarceration of their management staff if found guilty.
With complaints of deficient service, negligence and fleecing of the patients’ party pouring in from all corners of the State the Friday’s move being initiated at the instance Chief Minister Mamata Banerjee is likely to put a leash on the private hospitals including those of the “five-star category” with strong political clout.
According to reports the Bill prescribes a minimum compensation of `3 lakh for minor hurt on account of negligence. A major hurt caused by deficient service would fetch
`5 lakh and the next of the kin of a victim who dies due to negligence will get `10 lakh as compensation.
The Bill also provides for a maximum time of one month for interim relief to the patient. The final settlement in terms of compensation will have to be made in maximum of six months’ time. The compensation will be payable by the erring hospital.
The Bill in addition, bans refusal of treatment for want of payment or any other reason to a victim of accident, acid attack or any other emergency condition.
In police cases the hospital will first have to treat the patient and then inform the police the Bill states.
It also bars the hospitals from charging in excess of “package money” that they offer for a particular type of treatment. Apart from this the Bill forbids the hospitals to enhance medical expenses on account of repetitive and unnecessary diagnostic tests which is a normal practice in Bengal and more so in Kolkata.
If found deferent in service the Health Regulatory Commission --- which is being set up by the Government with powers equivalent to that of a civil court --- will take necessary action that may even include prosecution under the provisions of Indian Penal Code.
The Government --- Central, State or Defence --- run hospitals will not come under the purview of the new Act.
No appeal shall lie in civil courts on the orders passed by the Commission which will be chaired by a retired High Court Judge, medical experts and members from the hospitals and public.
While there was still no word from the opposition left, Congress or BJP which were likely to raise the issue of leaving out the Government hospitals from the purview of the Act prominent medical practitioners like doctors Apurba Ghosh said, “the Bill is welcome but there should be a fine balance between the interests of the both sides as many patients may now utilize the law to cheat the hospitals.”