WB Doctor serves Rs 20 crore Defamation notice to Medical Council

Medical Dialogues reported about the entire case wherein Dr Snigdhendu Ghosh was suspended by the state medical council for the duration of one year on account of medical negligence in July 2017. The action was taken based on a complaint filed against him by the father of a 19-year-old girl who allegedly died under his care on 29^th December 2010.

Alleging criminal negligence the deceased's father filed a complaint with the local police station which registered the complaint under IPC 304A. The family also addressed an appeal to the West Bengal Medical Council as well as the Medical Council of India. They also moved the State Consumer Disputes Redressal Commission where they did not prosecute the matter and the complaint was dismissed.

The Medical board set up by the Additional Chief Judicial Magistrate, in the matter opined that the medicines prescribed by the doctor were adequate for enteric fever and pneumonia. It is reported that based on this report, in 2014, the Additional Chief Judicial Magistrate discharged the appellant as prima facie no negligence could be attributed to him.

Meanwhile, in 2011, the MCI asked the State Medical Council to enquire into the case and take action within six months under Clause 8.4 of the Indian Medical Council (promotional conduct, etiquette and ethics) Regulation, 2002.  After an enquiry, on 2nd August 2016, the appellant was charge-sheeted by the West Bengal Medical Council under Section 17 read with Section 25 of the Bengal Medical Act, 1914.

Thereupon, the appellant was charged with "error inpatient surveillance" and "infamous conduct under the Bengal Medical Act, 2014." The State Medical Council had gone through the entire case and considered the doctor guilty of infamous conduct in professional respect and passed order for removal of his name from the register of registered medical practitioners maintained by the West Bengal Medical Council for a period of one year under Section 25(a)(ii) of the Bengal Medical Act, 1914.

Dissatisfied with the decision of the council, the doctor approached first approached the appellant authority, the state government and then a single bench on the high court, who refused to pass an interim order in the matter. Thereafter he challenged the said decision before a double bench

Reaching the same conclusion, but providing different/concurrent reasoning in two separate orders, the double bench of the HC set aside the suspension order of the West Bengal Medical Council directing the council to re-enter the name of the appellant in the register of medical practitioners. The doctor was given at liberty to resume practice forthwith.

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In the response, the West Bengal Medical Council had then moved to the Supreme Court and filed the special leave petition (SLP) challenging the verdict of the High Court. However, the petition was dismissed by the apex Court and the doctor was exonerated of the charges.

Now, seeking compensation of the immense harassment and mental agony which the doctor had suffered since August 2017 when the order for removal of his name was passed by the WBMC; he has served defamation notice to the council.

Speaking to Medical Dialogues, Dr Ghosh confirmed, "I have served notice to the state medical council asking it to pay Rs 20 crore for defamation, Rs 60 lakh compensation for loss of income and 7 lakhs for legal cost to me for the agony that I had faced since my suspension. I have also sent a copy of the notice to the MCI and West Bengal State Health Secretary."

"The council has been given 60 days to respond," he added