Whether Tamil Nadu Medical Council has power to take action on Doctors relating to medical negligence?
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Contention of Tamil Nadu Medical Council:
Only in case of professional misconduct action could be taken by the Council.
Contention of Tamil Nadu Medical Council:
Only in case of professional misconduct action could be taken by the Council.
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Fact of the case:
Petitioner alleged Doctors Surgeon, Anesthetist, the Medical Superintendent and the Hospital were highly negligent. It was further contended that the 1st respondent has already approached the consumer forum claiming compensation and as such the complaint before the Council is not maintainable. Petitioner preferred complaint before TNMC and simultaneously filed a complaint before State Consumer Disputes Redressal Commission claiming compensation. TNMC refuse to investigate the complaint against the doctors, as they are not empowered to do so. Then, Petitioner has taken up the matter with Medical Council of India. MCI informed that since the hospital and the Doctors against whom the allegations are made are in the State of Tamil Nadu, the TNMC can go into the complaint and take appropriate action as per law, within a period of six months under clause 8.4 of the Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulations, 2002.
Fact of the case:
Petitioner alleged Doctors Surgeon, Anesthetist, the Medical Superintendent and the Hospital were highly negligent. It was further contended that the 1st respondent has already approached the consumer forum claiming compensation and as such the complaint before the Council is not maintainable. Petitioner preferred complaint before TNMC and simultaneously filed a complaint before State Consumer Disputes Redressal Commission claiming compensation. TNMC refuse to investigate the complaint against the doctors, as they are not empowered to do so. Then, Petitioner has taken up the matter with Medical Council of India. MCI informed that since the hospital and the Doctors against whom the allegations are made are in the State of Tamil Nadu, the TNMC can go into the complaint and take appropriate action as per law, within a period of six months under clause 8.4 of the Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulations, 2002.
Petitioner submitted even medical negligence would come under the term “Professional misconduct”, but TNMC argued that it is only a case of medical negligence and as such remedy is elsewhere. MCI stated that State Council was obliged to look into the complaint to decide the matter on merits and Medical Council of India is only an appellate forum.
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The Honourable Single Judge after hearing both submissions, ordered TNMC to consider the complaints and dispose of the same on merits and as per law, within under clause 8.7 of Ethics Regulations 2003 by following Hon’ble Supreme Court in the case of Dr. P.B. Desai v. State of Maharashtra AIR 2014 SC 795.
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The Honourable Single Judge after hearing both submissions, ordered TNMC to consider the complaints and dispose of the same on merits and as per law, within under clause 8.7 of Ethics Regulations 2003 by following Hon’ble Supreme Court in the case of Dr. P.B. Desai v. State of Maharashtra AIR 2014 SC 795.
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On Writ Appeal:
The contention of TNMC is that unless there is misconduct in terms of Regulation 7, the Tamil Nadu Medical Council need not enquire the complaint.
On Writ Appeal:
The contention of TNMC is that unless there is misconduct in terms of Regulation 7, the Tamil Nadu Medical Council need not enquire the complaint.
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MCI relied on Chapter 8, Regulation 8.1 and 8.2 of Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulations, 2002, which states that the State Medical Councils as well as the Medical Council of India can take appropriate action if the medical code is violated. Regulation 8.1 clearly states that instances of offences and of Professional misconduct given are not exhaustive.
MCI relied on Chapter 8, Regulation 8.1 and 8.2 of Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulations, 2002, which states that the State Medical Councils as well as the Medical Council of India can take appropriate action if the medical code is violated. Regulation 8.1 clearly states that instances of offences and of Professional misconduct given are not exhaustive.
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Held:
Medical Council of India as well as the Tamil Nadu Medical Council, are bound to enquire into the allegations/deficiencies, based on the complaint received from the patients/their relatives with regard to dereliction of discharge of duties
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The Tamil Nadu Medical Council is not expected to evade its responsibility by stating that the patient or his/her relatives, have already approached the Consumer Forum for payment of compensation. The payment of compensation is one aspect and the action to be initiated against the Registered Medical Practitioner for violation of Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulations, 2002, is an another aspect.
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(For complete details of case, refer [2014] 7 MLJ 220]
Held:
Medical Council of India as well as the Tamil Nadu Medical Council, are bound to enquire into the allegations/deficiencies, based on the complaint received from the patients/their relatives with regard to dereliction of discharge of duties
.
The Tamil Nadu Medical Council is not expected to evade its responsibility by stating that the patient or his/her relatives, have already approached the Consumer Forum for payment of compensation. The payment of compensation is one aspect and the action to be initiated against the Registered Medical Practitioner for violation of Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulations, 2002, is an another aspect.
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(For complete details of case, refer [2014] 7 MLJ 220]
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