KRISHAN LAL KUMAR Vs. MEDICAL COUNCIL OF INDIA

JUDGEMENT

(1.) The appellant has instituted this 'Letters Patent Appeal' in terms of Clause 10 of the Letters Patent of Lahore, as applicable to the Delhi High Court, read with Sec. 10 of the Delhi High Courts Act, 1996 [Act], against the impugned Judgment dtd. 6/2/2019, passed by the learned Single Judge of this Court, whereby a Writ Petition instituted by him bearing WP(C) No. 7097/2013 seeking Writ of Mandamus or any other writ or direction to quash the order dtd. 26/4/2013 passed by the respondent No.1 and also seeking disciplinary action against the respondent No.3 and for cancellation of his registration as Medical Practitioner or debar from his medical practice on account of negligence leading to the death of his wife, was dismissed. FACTUAL BACKGROUND:

(2.) The appellant is about 80 years of age and he grieves that his wife about 67 year of age died due to medical negligence at the hands of respondent no. 3. It is stated that his wife had been suffering from 'Brain Tumor' and had been under medical treatment of respondent No.3 since 2003, who operated upon her for the first time on 3/11/2003; and thereafter she remained under his follow-up treatment. In 2008, she was again advised to undergo 'Tumor Excision Surgery" by the respondent No.3, and operated on 10/11/2008 and the follow-up treatment continued under his supervision. It is stated that the appellant with his wife went to the respondent No.3 on 28/4/2011 for regular quarterly check-up and his wife was advised to undergo surgery urgently by the respondent No.3 and heeding to his advice, the operation was performed on 7/5/2011 at the respondent No.4 Hospital but certain unexplained post-surgical complications ensued, and eventually his wife passed away on 31/5/2011.

(3.) The grievance of the appellant is that respondent No.3 had operated upon his wife without conducting a fresh MRI, and thus he lodged a complaint dtd. 7/6/2011 with the respondent No.4 Hospital and in response the respondent No.4 Hospital sent a letter dtd. 29/6/2011 to the appellant inter alia stating that 'all necessary investigations needed to assess the patient were done' and his wife was posted for surgery after obtaining required clearances and obtaining the necessary consent. Not satisfied, the appellant sent a complaint dtd. 21/7/2011 to the Delhi Medical Council [DMC]/ respondent No.2 to initiate appropriate action against the respondent No.3 for medical negligence in the treatment of his wife resulting in her untimely death.