KMC Election Results Still Pending: 153 Medical Negligence Complaints unsettled

Among these, 88 complaints were lodged in 2020, whereas the Council received a total number of 53 complaints until the month of August. In respect of 84 complaints, the Council had sought preliminary explanations from the respondents or hospitals on new complaints. However, considering that the election result of the Council is sub-judice, all these complaints are yet to be decided, reports the New Indian Express.

The confusion regarding the election results of KMC is going on for quite some time now. Medical Dialogues had earlier reported that one of the members of the Council had challenged the action of the Returning Officer who was in charge of the election procedure and filed a plea before the Karnataka High Court. The petitioner had alleged that the Returning Officer had not acted upon the list of members for the purpose of election to the Members of Council as furnished by the Council.

Also Read: Karnataka Medical Council 2020 Elections quashed

While considering the petition, the High Court bench had noted that the list of voters prepared by the Returning officer included many of whom are dead and also observed that the officer didn't notify about the list on the KMC website as per the rules.

"Therefore, the defense in several paragraphs of the affidavit is circumstance enough to hold that the action of the Returning Officer was illegal, highhanded, and would resultantly get vitiated by fraud," the court had held while had quashed the Karnataka Medical Council (KMC) election held in January 2020 and directed the State and Council to work together and conduct re-election to the council within six months from the date of order.

However, the judgment of the single judge bench had been challenged and recently a division bench of the Karnataka High Court had stayed the previous order.

In the midst of all the legal proceedings, the Karnataka Medical Council (KMC) lacks the power to function and as a result, a total number of 153 complaints are still pending before the council.

While commenting on the matter, Dr. Ravi N, Professor, Bangalore Medical College, and Research Institute and an elected member of KMC told the New Indian Express, "KMC looks into cases of professional medical negligence. If we give judgement in favour of a patient, they can move court for compensation. Without any judgement the past year, patients have had a difficult time. With respect to doctors, false allegations left unsettled lead to mental torture. Feeling miserable, many abandon their practice."

Mentioning that clearing the pending complaints after the Council becomes functional would be time-consuming, another elected member of the Council, said on the condition of anonymity, "Patients come to us seeking justice, but what can be done when we cannot go forward. Some may have lost their loved ones. If they directly approach courts and it turns out to be a false allegation, doctors unnecessarily get stuck in the legal process."

Also Read: Verdict Quashing KMC Elections Stayed till September 22 by HC