HC issues notice to NMC, Delhi Medical Council, 2 govt hospitals in medical negligence case

New Delhi: On a plea that has been filed by a woman holding several doctors liable for the medical negligence which led to the death of her 15-year-old daughter in 2019, the Delhi High Court issued a notice to the National Medical Commission, Delhi Medical Council, and two government hospitals. The plea has also sought a direction to the NMC and the DMC to pay a compensation of Rs 50 lakh to the deceased girl's mother on account of her death caused due to alleged negligence and the callous attitude of the authorities.

Justice Yashwant Varma issued notice to the National Medical Commission (NMC), Delhi Medical Council (DMC), Deen Dayal Upadhyay Hospital, and Rao Tularam Memorial Hospital on the petition, which has also sought setting aside the order by the authorities concluding that the doctors working at these hospitals acted in accordance with the accepted professional practices.

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The high court listed the matter for further hearing on January 16.

The plea has also sought a direction to the NMC, represented by advocate T Singhdev, and the DMC, to pay a compensation of Rs 50 lakh to the deceased girl's mother on account of her death caused due to alleged negligence and callous attitude of the authorities. The woman said in her 2019 plea she took her daughter to a Primary Health Care Centre in Najafgarh with complaints of slight fever, dizziness, and low blood pressure, and she was administered saline units.

When the girl's condition deteriorated, she was taken to Rao Tularam Memorial Hospital at Jaffarpur, and thereafter, she was referred to Deen Dayal Upadhyay Hospital, where also the patient was administered additional saline despite several objections raised by the mother, it said.

When the patient's condition deteriorated further, she was shifted to the ICU and passed away on May 1, 2019.

The petition said in June 2019, the girl's parents filed a complaint with the DMC against the doctors and the hospitals for alleged "callous attitude'' in treating their daughter.

It said, as per Deen Dayal Upadhyay Hospital, the patient's death was caused due to septicaemia and failure of vital organs.

It claimed the DMC erroneously, and even without examining the material evidence on record, arrived at the conclusion that no negligence was found in the treatment of the petitioner's daughter.

An appeal was filed against the DMC order before the NMC which also upheld the findings.

"DMC vide its order dated March 13, 2020 had erroneously arrived at the conclusion that doctors working at the respondents' hospitals acted in accordance with the accepted professional practices and therefore cannot be said to have acted negligently in providing medical treatment to the 15 years old deceased daughter of the petitioner.

"It is pertinent to note that DMC had even failed to examine all the doctors who were involved in the treatment of the daughter of the petitioner," the petition said.

It claimed that DMC had passed the order without even considering the objections raised by the parents over the alleged misconduct and the negligent attitude of the authorities.

It said since the NMC's order merely upholds the finding of the DMC without appreciating and delving into the facts and circumstances involved in the matter, the order of the NMC is untenable in law and liable to be set aside.

"The Ethics and Medical Registration Board, NMC, has not only failed to examine the entire set of medical records, including the post-mortem report of the deceased daughter of the petitioner, which highlights that the death of the patient was caused due to blockage of several vital organs of the patient with saline, but has even failed to act diligently and has passed the impugned order without taking into consideration that DMC has failed to even examine all the doctors involved in treatment of the petitioner's daughter," the plea alleged.

It added the findings of DMC cannot be sustained since the negligence committed by the doctors and hospitals is evident on the face and is therefore prima facie liable to be set aside.

The plea sought the constitution of a special court-appointed committee of doctors to investigate the entire issue and submit its finding before the court.

It also said the authorities be directed to provide to the petitioner the copies of the deceased's medical records currently in their custody.

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