MEENAKSHI JAIN Vs. DELHI MEDICAL COUNCIL

JUDGEMENT

(1.) The appellant questions the dismissal of her writ petition, by the judgment of a learned Single Judge of this Court (dated 25.04.2016).

(2.) The facts are that the appellant's father late Sh. P.K. Jain ("the patient" hereafter) was admitted to Indraprastha Apollo Hospital on 06.03.2009 at 1:00 p.m. for a non-cardiac surgery of incision and drainage of perianal abscess. He however passed away on 01.04.2009. On 09.04.2009 the appellant requested the hospital to provide her the patient's complete medical records. The hospital provided the complete attested medical record on 11.04.2009 to her. Unsatisfied with the care and treatment given to her late father by the hospital and its doctors, the appellant sought expert medical opinion of Dr. (Prof.) V.J. Anand, Consultant Surgeon, (Formerly Director/Professor, Department of Surgery MAMC). Dr. Anand, after studying the files, on 16.02.2010 was of opinion that there was negligence on the part of the hospital and its doctors in medical care and management of the patient. The appellant therefore, complained to the Delhi State Consumer Disputes Redressal Commission on 19.03.2010 against the hospital and its doctors. The Commission directed the Dean, Maulana Azad Medical College to constitute an independent and competent Board of Doctors to give their expert opinion. The Dean constituted a three-member panel, which submitted its opinion dated 14.06.2010 to the Commission. The panel's opinion found certain deficiencies or negligence in the treatment of the patient. After considering that opinion the State Commission admitted the complaint of the appellant and issued notice to the concerned hospital and its doctors on 28.09.2010.

(3.) On 19.10.2010, the appellant filed a complaint for disciplinary action for professional misconduct and medical negligence against the hospital and its doctors under Section 10 (f) of the Delhi Medical Council Act, 1997 (hereafter "the Act") before the Delhi Medical Council ("Respondent"), being Complaint No.780/ 2010. In response to this, a disciplinary committee ("DC" hereafter) was constituted.