LAWS(DLH)-2019-9-387

RAMESH DUTT SHARMA Vs. MEDICAL COUNCIL OF INDIA

Decided On September 19, 2019
Ramesh Dutt Sharma Appellant
V/S
MEDICAL COUNCIL OF INDIA Respondents

JUDGEMENT

(1.) The petitioner has filed the present petition, inter alia, impugning an order dated 29.11.2017 passed by the Medical Council of India (MCI), setting aside an order dated 04.04.2016 passed by the Delhi Medical Council (DMC) and thereby absolving respondent no.5 of all the charges levelled against him.

(2.) The controversy in the present case arises out of the treatment afforded by respondent no.5 (Dr Pradeep Nambiar) to the petitioner's wife. According to the petitioner, respondent no.5 was criminally negligent in performing a surgical procedure on his wife. He further claims that the said procedure had, thereafter, resulted in her demise.

(3.) The deceased (petitioner's wife) was aged seventy years. She was diabetic and had approached respondent no.5 for consultation on 05.11.2014. She had complained of severe angina and shortness of breath. It is stated that she was advised coronary artery bypass grafting (CABG) by doctors, who she had contacted prior to meeting respondent no.5 for consultation. Apparently, she did not follow the said advise at the material time and had, thereafter, approached respondent no.5 for consultation. Respondent no.5 also advised surgery for removal of blocks from her coronary arteries.