HC flags Delhi medical council inaction in Liposuction death case, directs NMC to probe

Gurgaon: Noting the delay by the Delhi Medical Council in deciding on a medical negligence complaint, the Delhi High Court has directed the National Medical Commission (NMC) to complete the proceedings within six months in a case related to the death of a patient nearly four-and-a-half years ago after complications from a liposuction procedure in 2021.

Clarifying the legal position, Single Judge Justice Purushaindra Kumar Kaurav observed that the State Medical Council is the primary authority responsible for examining complaints of medical negligence. However, if the State Medical Council fails to take a decision or delays the matter, the case can be referred to the NMC. Accordingly, the court directed the NMC to take the matter to its logical conclusion within six months.

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As the latest media report by TOI, the court was considering a petition filed by the mother of the deceased Singapore-based Indian woman, who underwent liposuction at a Delhi-based clinic in September 2021. She was later shifted to a hospital in Faridabad, where she was declared brought dead on September 28, 2021.

Her mother alleged medical negligence and claimed that regulatory authorities failed to act despite repeated follow-ups over the years. She moved the High Court seeking registration of her appeal dated December 17, 2024, and a direction for an expedited inquiry.

According to the petition, the liposuction was performed by Dr Yadav at a Clinic in South Delhi. The petitioner alleged that the procedure was conducted contrary to standard medical practice and that suspicious circumstances emerged following the surgery.

One of the key concerns raised in the plea was that when complications arose, the patient was not taken to nearby government hospitals such as AIIMS or Safdarjung Hospital. Instead, she was shifted to a private hospital in Faridabad, around 27 kilometres away.

The petitioner also relied on documents generated in Faridabad to raise doubts over the circumstances of death. The plea cited the MLC dated Sept 28, 2021, issued by Vedantaa Hospital, which, it claimed, contained contradictory entries-one section noting the patient was unconscious, and another stating she was "brought dead".

The petition further referred to a no-objection certificate issued by the station house officer of the SGM Nagar police station, Faridabad, on Sept 30, 2021, stating the cause of death was to be ascertained later.

The family initially attempted to register an FIR but was informed that, in cases of medical negligence, a preliminary opinion from a medical authority is required. Subsequently, a complaint was filed before the Delhi Medical Council (DMC) on February 15, 2022.

While the delhi medical council conducted an initial hearing in September 2022, the petitioner alleged that no subsequent order or communication was issued, and the matter remained under consideration despite repeated follow-ups.

Following this, the petitioner approached the NMC, citing alleged delay, cover-up of malpractice, and a systematic pattern of negligence.

Considering the plea, the bench stated in an order passed on January 15 and made public on February 3, observed that the State Medical Council is the first authority to examine such complaints. However, if it fails to decide the matter, the case can be transferred to the NMC, which must decide it within six months.

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