Noting that the order was passed by the Council without considering the report of the State Government Appointed Committee, the HC bench comprising Justice N. Anand Venkatesh ordered, "the impugned proceedings of the first respondent (medical council) dated 12.12.2023 are quashed. The matter is remitted back to the file of the first respondent with a direction to the first respondent to conduct the enquiry based on the report that has been submitted by the Committee and pass a reasoned order, within a period of twelve weeks from the date of receipt of a copy of this order."
The case goes back to 2020 when the petitioner's father was admitted to the treating hospital. Later, the patient was discharged, and immediately thereafter, he fell ill and was once again admitted to the hospital, where he developed severe infection and was administered antibiotic drugs.
As a consequence, allegedly, the patient's kidney failed, and he had to undergo dialysis until his demise on 01.09.2020. Aggrieved, the petitioner filed a complaint before the Tamil Nadu Medical Council to conduct an inquiry and take action.
In his plea before the High Court, the petitioner alleged that Tamil Nadu Medical Council exonerated the hospital, holding that there was no medical negligence, without considering the report submitted by the State Government Appointed Committee.
The expert committee consisted of a team of doctors from Coimbatore Medical College and Hospital. The committee, after taking note of the case history, concluded, "With multiple sites of infections, the relevant consultants could have preferably discussed and decided on single / double antimicrobial agents which are effective for all the sources of infection. Thereby, poly pharmacy and frequent antibiotic changes could have possibly been avoided."
Further, the committee held, "Patient had polyserositis. CB NAAT assay from two sites were weakly positive. Since patient was very sick and already diagnosed with prostate cancer, and being put on multiple antibiotics, ATT could have been deferred."
While considering the plea, the HC bench noted that the petitioner's grievance was that the state medical council had passed the order without assigning reasons and without dealing with the complaint given by the petitioner as well as the report submitted by the Committee.
"On carefully going through the impugned proceedings of the first respondent, it is seen that the first respondent has straightaway rendered a finding that there was no professional misconduct on the part of the doctors in the fourth respondent hospital. There is nothing to show that the first respondent had applied their mind on the report that was submitted by the team of doctors constituted by the Coimbatore Medical College and Hospital, Coimbatore. That apart, there is also no indication as to whether the first respondent applied their mind on the specific allegations made by the petitioner. Hence, such order, which lacks reasons, has to be necessarily interfered with by this Court," observed the Court.
Accordingly, it quashed the Council's order dated 12.12.2023 and remitted the matter back to the Council with a direction to conduct the inquiry based on the report that had been submitted by the committee, and pass a reasoned order within twelve weeks.
To view the order, click on the link below:
https://medicaldialogues.in/pdf_upload/madras-hc-medical-council-298772.pdf
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