EASWARAN DNB FRCS Vs. TAMIL NADU MEDICAL COUNCIL

JUDGEMENT

(1.) INTRODUCTORY Summary: Whether the breach of "duty to take care" on the part of a medical professional would attract the provisions of Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulations, 2002 (hereinafter referred to as "Ethics Regulations, 2002") so as to enable the aggrieved to proceed against the concerned doctor for professional misconduct before the Medical Council, is the core issue raised in this writ petition at the instance of a Surgeon, complaining that the Doctor who treated his father for cancer failed to take reasonable care, resulting in his death.

(2.) THE petitioner is a Surgeon. He took his father for treatment for cancer in Apollo Hospital, Chennai in April, 2010. The Surgeon, Anesthetist, the Medical Superintendent and the Hospital were highly negligent. The Doctor failed to take reasonable care and as a result of his negligence in treating, the cancer recurred within a year and spread to other parts of the body. It was mainly on account of "BOTCHED UP" operation and the failure to give Radiotherapy which was essential to prevent recurrence of cancer.

(3.) THE petitioner who is a qualified Medical Practitioner of considerable experience was convinced that it was only on account of the sheer negligence and breach of duty of care that the cancer spread to other parts of the body, and as such he preferred a complaint before the Tamil Nadu Medical Council on 6.1.2012 requesting to take disciplinary action against the concerned Doctors for their professional misconduct. The petitioner submitted a similar complaint before the Medical Council of India. Since there was no follow up action by the statutory authorities, the petitioner preferred another complaint to the Medical Council of India on 26.7.2012. The Medical Council of India by its communication dated 19.9.2012 called upon the Tamil Nadu Medical Council to investigate the complaint preferred against Dr. Rayappa and take necessary action within a period of six months under clause 8.4 of Ethics Regulations, 2002. Even then the Tamil Nadu Medical Council failed to take any action. Feeling aggrieved by the indifferent attitude of State Medical Council, the petitioner is before this Court.