Kolkata HC tells WB Medical Council to revoke suspension of Apollo Gleneagles specialists; pay Rs 50,000 for loss of reputation

Due to the unnecessary harassment, stigma and loss of goodwill suffered by the doctor, the west bengal medical council was directed to pay costs of Rs. 50,000/‐

Kolkata: Providing relief to specialists associated with Apollo Gleneagles Hospital, the Kolkata High Court has set aside West Bengal Medical Council (WBMC) order cancelling the registration of the doctors for a period of three months. Three doctors had been held guilty of medical negligence by the council in providing treatment to a four-month-old baby who died at a city hospital on April 2017.

A single bench of Justice Sabyasachi Bhattacharya gave the ruling on plea of one of the suspended doctors, Dr Tiwari, associate consultant in the critical care unit of the Gastroenterology Department of the Apollo Gleneagles Hospital

The case goes back to April 2017 when a four-month-old baby who was admitted to the Apollo Gleneagles Hospital for a colonoscopy died primarily because of anaesthetic overdose.

Alleging Medical Negligence on part of the hospital and its doctors, the parents approached the West Bengal Clinical Establishment Regulatory Commission (WBCERC) and the WBMC. The WBCERC held the doctors as well as the hospital guilty of negligence. WBCERC has also awarded a compensation of Rs 30 lakh to the baby’s family

Since the commission can only try hospitals, the medical negligence part was being probed by WBMC, and passing its order the council stated the names of three doctors associated with the case would be removed from the council’s website and they would not be allowed to work at any medical facility in the state.

Challenging the order, the doctor went to court. The court in detail, analysed the case in question, and finally absolved the doctor from the charges levelled against him and the removal of the name of the petitioner from the Register of Registered Medical Practitioners is revoked.

Accordingly, the writ petitioner is absolved from the charges levelled against him and the removal of the name of the petitioner from the Register of Registered Medical Practitioners is revoked. The rights of the petitioner to practice in the hospital concerned as well as anywhere else, to which he is otherwise entitled as per such registration, are revived from the date of this order.

The court further directed the state medical council, the respondent in the case to publish in Gazette the order about reinstating of the doctor

The respondent no.1 is directed to publish in appropriate Gazette Notifications and in all other modes, by which the removal of the name of the petitioner from the Register was published, to inform the general public that the said decision of removal has been revoked and the petitioner's name is reinstated in the Register of Registered Medical Practitioners. Such exercise shall be completed by the respondent no.1 within three weeks from date.

Not just this, the court further directed the council to pay Rs 50,000 to the doctor on account of loss of reputation

Due to the unnecessary harassment, stigma and loss of goodwill suffered by the petitioner, the respondent no. 1‐council shall pay costs of Rs. 50,000/‐ to the writ petitioner within a fortnight from date.

To read the full case in detail, click on the following link

https://indiankanoon.org/doc/19201140/