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This is an archive article published on November 14, 2023

Doctor ordered to pay Rs 25 lakh after patient dies of multiple organ failure caused by anti-TB drugs

The doctor was found to have prescribed anti-TB drugs despite the patient’s TB test returning negative.

medical negligenceDr Kabir Dutta denied committing any negligence and said that with his over 30 years of experience, he had treated the patient honestly as per the best medical practice standards. (Representational Photo)
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Doctor ordered to pay Rs 25 lakh after patient dies of multiple organ failure caused by anti-TB drugs
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The National Consumer Disputes Redressal Commission has directed a doctor to pay Rs 25 lakh to the wife of a patient who died because of medical negligence after he sought treatment for cough, fever and vomiting.

Himangshu Das (53), who was a pharmacist in the West Bengal government service, visited Dr Kabir Dutta in 2015 with complaints of cough, fever and vomiting. Dr Dutta made him undergo many tests, and despite a tuberculosis test returning negative, prescribed him antitubercular medication. Das’s health worsened because of the side effects of this medication, ultimately leading to his death.

Two other doctors concluded that the prolonged use of TB medicines had badly damaged Das’s liver. One of them noted his cause of death as multiple organ failure induced by antitubercular drugs.

Relying on medical literature, a bench of Justices Ram Surat Ram Maurya and Bharatkumar Pandya held that the medicine rifampicin along with isoniazid prescribed by Dr Dutta had led to a damaged liver and eventually to the patient’s death.

The bench also held that despite Das complaining to Dr Dutta about the different colour of urine along with other side effects, the doctor committed negligence by asking him to continue with his medication instead of stopping it.

Dr Dutta, however, denied committing any negligence and said that with his over 30 years of experience, he had treated the patient honestly as per the best medical practice standards.

Kanika Das, Himangshu’s wife, filed a salary slip of the patient that showed a monthly salary of over Rs 30,000 along with provident fund deductions of Rs 12,000. Taking into account this income, the commission decided that the total income loss caused by Das’s death was over Rs 27 lakh.

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However, due to the non-disclosure of the total number of family members, 66 per cent of this income loss was deducted and just over Rs 9.7 lakh was granted to Kanika. Along with this, Dr Dutta was directed to pay Kanika Rs 13.1 lakh for all the medical expenses borne by her. Over Rs 2 lakh was granted for Das’s funeral and last-rite expenses, bringing the total compensation to Rs 25 lakh.

Nirbhay Thakur is a Senior Correspondent with The Indian Express who primarily covers district courts in Delhi and has reported on the trials of many high-profile cases since 2023. Professional Background Education: Nirbhay is an economics graduate from Delhi University. Beats: His reporting spans the trial courts, and he occasionally interviews ambassadors and has a keen interest in doing data stories. Specializations: He has a specific interest in data stories related to courts. Core Strength: Nirbhay is known for tracking long-running legal sagas and providing meticulous updates on high-profile criminal trials. Recent notable articles In 2025, he has written long form articles and two investigations. Along with breaking many court stories, he has also done various exclusive stories. 1) A long form on Surender Koli, accused in the Nithari serial killings of 2006. He was acquitted after spending 2 decades in jail. was a branded man. Deemed the “cannibal" who allegedly lured children to his employer’s house in Noida, murdered them, and “ate their flesh” – his actions cited were cited as evidence of human depravity at its worst. However, the SC acquitted him finding various lapses in the investigation. The Indian Express spoke to his lawyers and traced the 2 decades journey.  2) For decades, the Jawaharlal Nehru University (JNU) has been at the forefront of the Government’s national rankings, placed at No. 2 over the past two years alone. It has also been the crucible of campus activism, its protests often spilling into national debates, its student leaders going on to become the faces and voices of political parties of all hues and thoughts. The Indian Express looked at all court cases spanning over two decades and did an investigation. 3) Investigation on the 700 Delhi riots cases. The Indian Express found that in 17 of 93 acquittals (which amounted to 85% of the decided cases) in Delhi riots cases, courts red-flag ‘fabricated’ evidence and pulled up the police. Signature Style Nirbhay’s writing is characterized by its procedural depth. He excels at summarizing 400-page chargesheets and complex court orders into digestible news for the general public. X (Twitter): @Nirbhaya99 ... Read More

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