PREM KISHORE Vs. UNION OF INDIA AND ORS

JUDGEMENT

(1.) The petitioner has filed the present petition, inter alia, impugning on order dated 01.06.2016 passed by the Delhi Medical Council (DMC) confirming the observations of the Disciplinary Committee of DMC that there was error of judgement in the treatment of the petitioner?s wife (since deceased) but rejecting the recommendation that the name of respondent no. 5 be removed from the Medical Register maintained by DMC. The petitioner also impugns the order dated 11.07.2017 passed by the Medical Council of India (MCI), upholding the decision of MCI on the recommendations of the Ethics Committee.

(2.) On 04.09.2013, the wife of the petitioner, Smt. Urmila Devi (hereafter "the patient?), underwent "Robotic Ureterolysis", a surgery performed for removing the fibroid in the ureter. The said surgery was performed by respondent no. 5 to 9 (hereafter "the concerned doctors?) in respondent no.10 hospital (Shri Ganga Ram Hospital hereafter "the respondent hospital?). The petitioner claims that while operating the patient, respondent no.5 erroneously cut the external iliac artery and instead of addressing the same immediately, the concerned doctors put the haemoclips & suture on it and further continued with the Robotic surgery for another three hours. It is claimed that due to the aforesaid act of the concerned doctors, the petitioner?s wife suffered heavy blood loss, which resulted in acute kidney failure.

(3.) After the operation, the patient was shifted to the ICU. The patient was kept on the dialysis support on the same day of operation and she was also on ventilator support. On 05.09.2013, the petitioner was intimated by the concerned doctors that the blood could not be cleaned using dialysis. Accordingly, the concerned doctors asked for the consent of the petitioner to put the patient on Continuous Renal Replacement Therapy (CRRT), and the petitioner agreed to the same. On 06.09.2013, the patient suffered two cardiac arrests but she was revived. Thereafter, she suffered a third cardiac arrest after thirty minutes, from which could not be revived. She was declared dead at 3:40 pm.