MCI Exonerates Noida Doctor booked under 304A
Noida: Bringing relief to a doctor, who had been booked under IPC 304 A and was held guilty by the Uttar Pradesh Medical Council; the Medical Council of India (MCI) has exonerated her of all the charges.
Last year, Medical Dialogues had reported about the case wherein two doctors working at a renowned private hospital were held guilty of medical negligence by the state medical council in the case of foetal death.
The parents of the deceased infant alleged that delay from the doctors' side in attending the delivery case was the reason for its death in the uterus.
The husband alleged that after he had called the consulting doctor, she had directed the expecting mother to reach the emergency room where the nurse monitored the baby and found it normal around 9:30 pm.
Another doctor, the on-call doctor was contacted via a call that came to attend the patient by 10:10 pm. By then, the patient's water broke. The doctor then said that a natural delivery will happen by 4-5 am. Around 11.30 pm, a nurse found a sudden dip in the baby's heart rate. Dr Dinanath was immediately called, but she came at 12.10 am and told that a Caesarean section would be needed, he alleged.
When the doctor came, they were informed that the baby had died in the uterus. After the incident, the family filed a complaint based on which a case under Section 304A (causing death by negligence) of the Indian Penal Code was registered against both the doctors.
The matter was then taken up by the Gautam Buddh Nagar chief medical officer and then referred to the Meerut Medical Board before it reached the UP Medical Council and an investigation was ordered in the case.
The doctors were found guilty of not fulfilling their medical responsibilities during an inquiry meeting of the UP Medical Council on July 25, 2019. The medical council report, however, said the on-call Dr Dinanath, should not be blamed for the death as she was the only doctor available at the hospital at the time of the incident in March 2019.
Now, when the matter reached the MCI doors, the council after thorough perusal has given a clean chit to one of the two doctors accused of negligence
In its order, dated February 6, the MCI, however, said as quoted by TOI,
"Though unfortunate, but this event of sudden fetal distress occurred leading to stillbirth though all possible efforts were done by the doctor. Therefore, the ethics committee opines that there is no medical negligence attributed on behalf of the doctor. Hence, she may be exonerated from all charges of medical negligence levelled against her."
Meanwhile, the couple has decided to challenge the order in Allahabad high court.
A hospital's spokesperson said, "MCI report exonerates all charges against the doctor and confirms what we have been saying all along."
The MCI is likely to soon release a sentencing policy guideline for the medical profession that is going to lay down certain standards to determine the guilt and punishment to be accorded to a delinquent doctor in cases of medical negligence.