RAGHUNATH G RAHEJA Vs. MAHARASHTRA MEDICAL COUNCIL

JUDGEMENT

(1.) HEARD all the learned Counsel.

(2.) THE petitioner Raghunath Raheja seeks to challenge the resolution passed by the first respondent Maharashtra Medical Council exonerating the two medical practitioners-respondents No. 3 and 4 of the charge of negligence in attending to his wife Mrs. Bhagwati. The petitioner is also seeking certain general directions against the Maharashtra Medical Council. The petitioners wife was admitted to the Dr. Balobhai Nanavati Hospital, Vile Parle, Bombay (for short, Nanavati Hospital) on 18th October, 1989. She had complained of a heart ailment viz. "acute left ventricular failure" and "diabetes Mallitus" and after necessary treatment she was discharged on 27th October, 1989. She was re-admitted in the said Hospital on 22nd November, 1989 and was referred to the third respondent Dr. Pahlajani, who is a Cardiologist and in consultation with the fourth respondent Dr. Sharad Pande, who is a Heart Surgeon, it was decided to operate upon her for a bypass. Accordingly, on the 7th December, 1989 bypass surgery was performed by the fourth respondent Dr. Pande and after necessary treatment, she was discharged on 18th December, 1989. It appears that thereafter she suffered Myocardial infraction and despite treatment being given to her, she expired on 23rd January, 1990.

(3.) THE petitioner approached the first respondent Council with a complaint of negligence and malpractice by the two doctors viz. Respondents No. 3 and 4. He has also filed a suit for damages against the concerned doctors, claiming Rs. 5 Lakhs, which suit is pending on the original side of this Court. He then approached this Court by way of Writ Petition No. 1161 of 1991. When that petition came up for hearing as to admission, it was stated on behalf of the first respondent Medical Council that the Executive Committee of the Medical Council was considering the complaint filed by the petitioner to the Medical Council alleging negligence by doctors- respondents No. 3 and 4 and that the entire material was to be considered at the meeting of the said Executive Committee. In this view of the matter, Writ Petition No. 1161 of 1991 was withdrawn on 9th April, 1991.