Kousik Pal v. B.M. Birla Heart Research Centre 2025 INSC 1487 - West Bengal Clinical Establishments (Registration, Regulation and Transparency) Act
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West Bengal Clinical Establishments (Registration, Regulation and Transparency) Act, 2017 - Commission in its jurisdiction would have the power to ensure that the personnel employed by clinical establishments are in accordance with the requirements laid down, thereby, complying with the benchmark - The definition of ‘service provider’ given in the Act applies to both a medical doctor and other paramedical professional - he power to grant compensation as is given under this Act, is separate and distinct from the power of the State Medical Council to examine the presence or absence of medical negligence on the part of a professional, and it nowhere interferes with the power of the State Medical Council to adjudicate the complaints of medical negligence. (Para 13-14)
Case Info
Case Details
- Case name: Kousik Pal v. B.M. Birla Heart Research Centre & Ors.
- Neutral citation: 2025 INSC 1487
- Coram: Sanjay Karol, J.; Manoj Misra, J.
- Judgment date: December 19, 2025
Statutes/Laws referred
- West Bengal Clinical Establishments (Registration, Regulation and Transparency) Act, 2017:
- Preamble.
- Section 2(c), (v), (w), (z) (definitions: clinical establishment; service provider; service recipient; trade practice).
- Section 29 (minor/major deficiencies; penalties).
- Section 33 (compensation for injury/death; interim relief; closure/cancellation).
- Section 36 (constitution, role, composition of Commission).
- Section 38(1)(i)–(x) (powers: monitor, regulate, adjudicate patient care complaints; proviso on medical negligence before State Medical Council; ensure qualified personnel; compensation up to fifty lakh).
- Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulations, 2002:
- Chapter 7, Regulation 7.20 (claiming specialist status requires special qualification).
- Chapter 8, Regulations 8.2–8.6 (disciplinary process; timelines; restraint; peer judgment of competence).