Supreme Court Upholds WB Clinical Establishments Commission’s Power to Grant Compensation for Deficiency in Care

The Supreme Court of India recently held that the Commission established under the West Bengal Clinical Establishments Act, 2017, is entitled to adjudicate upon ‘deficiency in patient care service’ and grant compensation.

With this observation, the top court bench comprising Justices Sanjay Karol and Manoj Misra rejected the argument that the issues of ‘medical negligence’ and ‘deficiency in patient care service’ are so inextricably intertwined that the Commission cannot adjudicate upon “deficiency in service”, while only the State Medical Council can return a finding on ‘negligence’.

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Commission under WB clinical establishments Act can decide on deficiency of service: SC on medical negligence cases