August 24, 2018
Medical Negligence– The Delhi High Court in the case while noticing the sheer negligence by Doctors in treating the petitioner, has directed the Medical Council of India (MCI) to formulate Policy with regard to punishments to be accorded to delinquent doctors for infractions committed by them.
Case name: Ravi Rai v. Medical Council of India & Ors.
In the case, the Petitioner namely, Mr. Ravi Rai filed Petitioner against the Medical Council of India, Delhi Medical Council (DMC) and two surgeons, namely, Dr. Rahul Kakran and Dr. Ashwani Maichand.
Facts leading to the Petition are that Petitioner was informed that he had suffered fracture on his right foot and since, his condition was serious, he would have to undergo a surgery. Petitioner alleges that post surgery, he discovered that instead of his right foot, his left foot had been operated upon. The Petitioner was aggrieved by the fact that MCI completely exonerated Dr. Ashwani Maichand from any culpability.
Delhi High Court’s Order
The High Court in view of material available on record noted that No consent of Mr. Rai was obtained, prior to the surgery with regard to the possibility of the operation being performed on the left foot.
The High Court also held that MCI was wrong in exonerating Dr. Maichand, completely. It was also noted by the Court that at no stage, did Mr. Maichand communicate to Mr. Rai that instead of him, Dr. Kakran would be performing the surgery.
In view of the facts and circumstances of the case, the Court was of the view that as a result of these acts of omission and commission, Dr. Maichand, not only contributed to the avoidable trauma but also to the surgery being performed on Petitioner’s left foot, which as per findings recorded by the DMC, would have healed after eight weeks, even if no surgery was performed.
While rendering decision in the present case, the High Court made an essential observation in the case by opining that MCI must have a sentencing policy in place for guidance of its Committees which are tasked with job of returning recommendations both, on the guilt and punishment to be accorded to a delinquent doctor. It was also opined by the Court that the sentencing guidelines should take into account the aggravating and mitigating circumstances, including but not limited to whether or not the delinquent doctor is a first time offender or a repeat offender.
Accordingly, the MCI has been directed in the case to report on the Policy within the next three months.
The Delhi High Court’s order can be accessed here.