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8 years after being accused of Illegal MTP, Gynaecologist gets absolved by MCI

8 years after being accused of Illegal MTP, Gynaecologist gets absolved by MCI

Bengaluru: Bringing relief to a gynaecologist who was accused in 2011, the Medical Council of India (MCI) has absolved the doctor from all charges of illegally conducting a Medical Termination of Pregnancy (MTP) procedure on a patient who was 28 weeks pregnant.

The MTP Act allows for termination of pregnancy up to 20 weeks. In case, termination of pregnancy is immediately necessary to save the life of the woman; this limit does not apply, says Section 5 of the MTP Act. The pregnancy can only be terminated after a doctor gives second opinion other than the doctor who is to perform the procedure.

According to a recent report by TOI, the case goes back to the year 2011; when the patient had approached the gynaecologist for a consultation. The patient’s husband, who is a doctor in the UK, had alleged that his wife had undergone a criminal abortion at 28 weeks.

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The patient was residing in the UK that time and had alleged that her husband had abused her resulting her worrying about the health of the fetus. After the incident, she returned to India and consulted the doctor. During the first session, the patient had no complications. However, 2 days later she reported an amniotic fluid leak.

After examination, the doctor took a second opinion and conducted termination procedure. The patient was accordingly discharged.

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Thereafter, 3 years later, the patient’s husband, a doctor himself, filed a case against the gynaecologist and another doctor, alleging they had carried out an illegal abortion on his wife and accusing them of human rights violations. He charged the doctors with being part of a racket involving the abortion of live fetuses after 20 weeks of gestation, reports TOI.

When the matter reached the Karnataka Medical Council in 2015, the authorities exonerated the doctors and issued an order stating, “The doctors terminated the pregnancy keeping in mind the risks involved to the mother and they did it in good faith.”

Aggrieved with the decision, the complainant doctor moved the Karnataka high court, which again quashed the proceedings against the doctors. Later, the patient’s father in law went to MCI with a criminal abortion complaint.

Justifying the procedure, the gynaecologist stated that amniotic fluid was leaking when the patient approached her for the second time. “I told her to go to an advanced centre but she did not. She may have suffered endometritis [inflammation of the uterus lining] leading to septicaemia,” the gynaecologist told TOI , referring to a bloodstream infection that triggers an inflammation that can have a cascading effect and damage multiple organs.

“The fetus condition was declining as amniotic fluid was absent,” she said adding that after counselling, the patient and her father gave informed consent for termination of pregnancy. A second opinion was taken from another obstetrician. She delivered a dead fetus the next day.

The apex Medical Council, finally going through the case details gave a clean chit to the doctor.

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Source: with inputs

5 comment(s) on 8 years after being accused of Illegal MTP, Gynaecologist gets absolved by MCI

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  1. When pregnancy is 28 weeks. It is a premature delivery not abortion. It doesn\’t come under mtp act.

  2. it is equally true that there are thousands of the incidents pertaining to negligence of the doctors and merely any doctor get punishment…The job of state medical council or Indian medical council is to justify the medical negligence of the accused doctors…victim never get justice.
    The nexus between doctors and medical council is no more secret.
    The death of a patient is a regular affair and many false justifications are given by doctors but punishment to a doctors is a great tragedy…

  3. All the authorities must be pulled up for such slow pace of decisions.
    A doctor suffered for eight years and is entitled to adequate exemplary compensation for lost reputation
    The statement of the patient of having been physically abused by her doctor husband in the UK needs to be investigated suo moto by MCI and if the doctor husband has an Indian degree a chargesheet needs to be filed. After investigation. MCI should 1) temporarily suspend the registration of the doctor husband, 2) inform the GMC to take appropriate investigation and action and 3) inform the Government of India in charge of women\’s affairs and request them to pursue the matter as per law.
    Everything hinges on the veracity of the statemen tof the patient about physical abuse by her husband.

  4. How private media responded to allegations against the gynaecologist in 2011 ?. Did they support that UK doctor?. The UK doctor who faced allegations of abuse from his wife seems to have thought that Indian doctors helped his wife and wanted to convert the MTP after amniotic fluid leakage with written consent of the patient as criminal abortion. Now the gynaecologist should go for defamamation case against the UK doctor for the mental agony till the final verdict.

  5. user
    mahendra kumar agarwal October 21, 2019, 10:55 am

    Dear madam,
    I have gone through your article and found that even educated people knowingly dragging the doctor into false case for the intention best known to them.

    How we can stop such practise because doctor suffered not only mental agony but suffered practice also. The after getting such wrong experience, doctor will not take any risk and will not form any opinion based on his experience and get all test done before operation whether it is necessary or not to keep records ready to fight such cases . If doctor get all test done to avoid such unhappy situation which ultimately increase the financial burden on patient. Then patient will say that doctor is involved in unnecessary test and he has interest in commission from laboratories etc.

    Request to suggest how we can balance such a situation because now a days it is very difficult to do private practice for doctor. Any person came and give threat the doctor that I will sue you and publish your name in newspapers if patient does not get recovery fast.