Massive Medical Negligence of the government - Dr Rajeev Joshi
I was stunned to read a news article in Times of India dated 21-02-2026 titled "Ghost pathologist in MMR : dead doctor signed 'several' reports, which describes how laboratory technicians were using signature of qualified pathologist without his actually supervising the tests conducted in the laboratories for two weeks after the death of the doctor. Hindustan Times reported about a complaint filed by Maharashtra association of practicing pathologists stating that a pathologist died on 20 November 2025, but the pathology laboratory continued to give reports signed by him till January 2026.
There are serious lapses in the functioning of pathology laboratories which are likely to affect the health of the citizens. In fact one Dr. Sandeep Yadav had filed an FIR on 9th December 2025 against 17 individuals because they were running a business of pathology laboratory in which they were issuing reports to the patients in Karad on the name of a doctor who was resident of Pune.
The doctor never supervised the tests conducted in the laboratory at Karad. Another qualified pathologist, Dr Bramhanand Ramrao Tale filed an FIR against 4 persons who were using his name signature and stamp without his knowledge which means the technicians were forging his signature, stamp and cheating the patients which could amount to huge risk to the life of innocent citizens.
In 2024, the Maharashtra Association of Practicing pathologist complained to Maharashtra Medical Council regarding such illegal practices requesting the council to cancel registrations of pathologists who permit the technicians to use the signatures for giving reports to the patients without supervising the tests. The laboratory technicians who were not qualified to sign reports were convicted by C.M.J.Parbhani in RCC No.521 of 2010 dated 20.09.2016, for the offence u/s 33(a), 33(2) punishable u/s 33(2) of the Maharashtra Medical Practitioners Act, 1961 and sentenced to suffer Rigorous Imprisonment.
In an order dt 12 may 2022, Court in NAVI MUMBAI held that the accused was guilty as he was aware that he is not entitled to put any abbreviation like Dr. prefixing or affixing their name which may indicate that he is doctor or medical practitioner without having qualification He issued a report of a lab test bearing the signature of a Pathologist who was working in Vijapur around 500 km apart
On 1st September 2018, the Maharashtra Medical Council issued notification regarding signing of multiple pathology reports without supervision as the same constitutes professional misconduct, rendering such doctors liable to disciplinary action. In August 2017 Maharashtra Association of Practicing pathologists requested Maharashtra Medical Council to issue notification against renting out signatures to laboratories without physically checking medical reports of the patients, and to "End run of ghost pathologists".
In-spite of the seriousness of the issue, the State Government has not taken any action whatsoever against the perpetrators of injustice on innocent citizens. Had the State government acted in time the issue would not have taken such magnanimous proportions. History of this matter goes back to September 1991 when the government through a notification constituted tehsil, municipal corporation, municipal council and district level Anti quackery to prevent medical practices by persons not registered to medical council.
In 2000, district level apex committees constituted to take follow up and feed back from above mentioned committees, this committee includes all relevant departments including, health, police ,food and drug administration and co-opt members from registered medical practitioners and consumer forum. Guiding principles were prescribed for effective actions against quacks in the medical field.
However in 2001, Maharashtra Govt. directed Police Commissioner Nagpur, to stay police actions on technicians running laboratories independently. Hon'ble Bombay High court issued an interim order in PIL 28 / 2005, wherein, state govt was directed to stop and close the practice of pathology by persons holders of DMLT and equivalent qualifications.
The letters from state govt were quashed and set aside stating that 'the holder of DMLT (Diploma Lab Technique) is not entitled to practice in pathology and makes them eligible and qualifies for being employed as technicians in a Pathologist's Laboratory. The Court held that if persons holding DMLT or other equivalent qualification are running a pathological laboratory, they should appoint a qualified pathologist as recognised by the Maharashtra Medical Council and Medical Council of India to certify their reports for want of which they cannot be permitted to practice as such'.
On 24.05.2016 a circular was issued to convey legal provisions to health and police officers as it was noticed these officers were not taking action against Laboratory technicians running laboratories and issuing reports without authentication / certification by Pathologists. Through this circular it was clarified that running a laboratory and issuing reports by technicians without authentication / certification by Pathologists is illegal and punishable u/s 33 (2 ) of Maharashtra Medical Practitioners (MMP)Act 1961.
The anti- quackery committees constituted by government resolution dated 05.09.1991 should take action in this issue. However suddenly, immediately within two days, on 24.05.2016 a government Resolution stayed, the circular dated 24.05.2016 with immediate effect till further orders. Reasons for stopping action against unscrupulous elements in society are best known to the government officers and legislatures.
In fact the Maharashtra State Human Rights commission order in 2018 states that laboratories run by DMLT persons are playing with the lives of innocent people and looting enormous amounts of money. These laboratories are violating basic human rights of health. The commission recommended;
1. State shall immediately withdraw Government resolution dated 26.5.16 and implement Government resolution dated 24.516. in letter and spirit.
2. The state shall implement dictions given by various courts referred to above in respect of running pathological laboratories immediately and report compliance in eight weeks from receipt of order.
The recommendations of The Human Right Commission are yet to be compiled by Government or relevant authorities. 10 years have passed but there is no action by the bogus doctor committees to take action against persons running laboratories and issuing reports without countersignature by or in absence medical Council registered Pathologist It is necessary that the State govt takes steps to comply the Maharashtra Human Right committee's recommendations immediately to stop and close the laboratories run by persons having DMLT or equivalent qualifications and test reports are issued without countersignature of Maharashtra Medical Council Registered Pathologist.
The government should direct all Anti quackery committees to conduct an audit of pathology laboratories to identify the laboratories run and reports issued without physical presence and supervision of the Medical council registered Pathologist. State Govt should take action on persons running laboratories and issuing reports without counter-signature by and or in absence of Pathologist u/s 33 of MMP Act 1961.
It needs to be understood that the problem goes beyond stopping the unqualified doctors giving reports of the laboratory tests. If a doctor refers a patient to a laboratory giving reports signed by a technician, he will be held negligent if something goes wrong during the treatment of the patient. If the doctor refers a patient to a qualified pathologist, and the patients go to the laboratories run by technicians to save money, patients will be responsible for the contributory negligence, but the doctor treating the patient based on such reports will also be held negligent if something goes wrong.
Today patients are holding doctors negligent even if the patient dies because of illness or after a road traffic accident. Consumer fora are giving orders to pay compensation without taking opinion of the expert committee. If doctors have to appeal against the decision of the district forum, they have to deposit 5o% of compensation awarded. Patients, however, do not have to pay any mandatory deposit if they wish to appeal as there is no award against them.
Is it possible for the referring doctor to know that the technician is using the signature and stamp of the pathologist without the knowledge of the pathologist, or in illegal collusion? Who will take action against the government for this massive medical negligence because of which the lives of lakhs of patients are at risk every day?
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