DR ASHWANI MAICHAND Vs. RAVI RAI & ORS

JUDGEMENT

(1.) Exemption allowed subject to all just exceptions.

(2.) The two writ petitions were filed by Mr. Ravi Rai against the Medical Council of India and two surgeons namely Dr. Rahul Kakran and Dr. Ashwani Maichand (the appellant herein). Mr. Ravi Rai s grievance was qua the order dated August 23, 2017 passed by the Medical Council of India whereby it had exonerated the appellant herein from culpability, during the treatment of Mr. Rai, which led to the operation of his left foot instead of right foot.

(3.) The facts as noted from the record are in the evening of June 19, 2016, Mr. Rai slipped from the stairs of his house, which resulted in injuries being inflicted on both his legs as well as his lower back. He was rushed to Fortis Hospital, located at Shalimar Bagh, New Delhi. He was registered as an in-patient under the supervision of Dr. Maichand and Dr. Kakran. A diagnostic X-ray was conducted, on that very day, on the right foot of Mr. Rai. Since, Mr. Rai was informed that he had suffered a fracture on his right foot, he was advised to get a CT scan done of his right foot on June 20, 2016. Accordingly, X-rays were conducted on Mr. Rai s left leg and backbone. A CT scan was done of Mr. Rai s right leg and backbone. Upon examination of the results of the diagnostic tests, Mr. Rai was informed that he had suffered a "comminuted" fracture on his right foot and since, his condition was serious, he would have to undergo a surgery which would involve fixation of screws on the right foot followed by a plaster-of-paris cast. Insofar as the left leg and spine were concerned, it was suggested to him that he should undertake physiotherapy. The aforesaid advice was given by the appellant. Mr. Rai underwent physiotherapy twice. The record of X-ray, as noted by the learned Single Judge, showed that though Mr. Rai had fractured his spine, information qua this aspect was not given to him. Further, as advised, Mr. Rai was prepared for surgery on June 20, 2016. Accordingly, Mr. Rai s right foot was marked using a marker, in preparation of surgery, which was to be performed on the said foot.