Quack takes identity as deceased doctor treats patient, Delhi Court directs action
Court order
"It is pertinent to mention here that when any accident victim is taken to a hospital/clinic on a stretcher and if the doctor turns out to be quack then gives the wrong medication and treatment to the victim when he is hovering between life and death, the same is akin to sprinkling salt on the fresh bone injury and probably escalating the cause of death," the judge said.
New Delhi: The Delhi Court has taken cognisance of a quack who treated an accident victim for five months in 2013, impersonating a doctor who had died seven years ago. The court directed the Union Health Ministry and Delhi Government to take action against the quack.
A quack treated an accident patient for five months in 2013, impersonating a doctor who had died seven years ago. This fact came to the knowledge of a Delhi court while hearing a Motor Accident.
Thereafter, the court directed the Centre and Delhi Government to make a proper verification mechanism and to take action against the quack.
The court has requested the Chief Metropolitan Magistrate (CMM) to direct the Station House Officer (SHO) Prashant Vihar to verify and take action against the quack who wrongly treated the petitioner and created fake bills.
After knowing the fact, Motor Accident Claim Tribunal (MACT) Judge Ekta Gauba Mann said, "It is a very strange fact that the petitioner has been treated from May 15, 2013, to October 16, 2013, by the doctor named Dr Virender M. Malhotra but the said doctor had expired more than 7 years ago."
"It is pertinent to mention here that when any accident victim is taken to a hospital/clinic on a stretcher and if the doctor turns out to be quack then gives the wrong medication and treatment to the victim when he is hovering between life and death, the same is akin to sprinkling salt on the fresh bone injury and probably escalating the cause of death," the judge said.
The judge expressed her displeasure and said that this is a most dangerous act.
"This is a most dangerous act. It requires to be dealt with by an iron hand as the quack is playing with the life of accident victims which could be saved during the first golden hours if proper medical treatment is given to the victim."
The court said that this practice should be deprecated strongly to prevent any further wrong treatment by any quack or issuance of fake medical bills by the said quack to the helpless accident victims who are in a precarious state of health due to severe injuries.
The judge said, "So, before concluding this award, I deem it fit to send a copy of this award to Ld. CMM, North District, Rohini Courts, Delhi with a request to kindly direct the SHO, PS Prashant Vihar to verify and take action as per law against the said quack who wrongfully has impersonated himself as Dr Virender M. Malhotra (a dead doctor and wrongly treated and given medication to the petitioner/victim and issued fake medical bills.)"
The MACT Judge has also directed to send Copy of the order to the Health Ministry, Government of India as well as the Health Ministry, Govt. of NCT of Delhi with a direction to make a proper mechanism for verification and taking action against the quacks who are misrepresenting themselves as a qualified doctor and wrongly treating the patients/accident victims and playing with the life of the public at large and to file the compliance report in this regard on the Next date of hearing July 9, 2023.
The court said in the present case petitioner/ injured placed on record the original medical bills showing that he has undergone medical treatment from the period May 15, 2013, to October 16, 2013, at Malhotra Medical and Surgical Centre, Critical Care, Dr Virender M. Malhotra, L-213, Hauz Khas Enclave, New Delhi and the same bears the original stamp and the signatures of the said Dr.Virender M. Malhotra.
The said original medical bills have been filed in the connected matter titled Rama Devi and Ors. Vs. Subhash Chand & Ors. and the said medical bills pertaining to the petitioner Deepak Kumar.
The fact of the death of the doctor was verified by his daughter. She told the police that her father practised from 1981 to 1990 in Kotla Mubarak Pur and then in Greater Kailash. He expired in 2006. He never ran a clinic in Hauz Khas.
Brief facts of the case are that on May 1, 2013, the petitioner along with his brother Ravi Kumar were going to attend a marriage ceremony at Village in District Aligarh from their residence on a motorcycle which Ravi Kumar was driving with due care and caution and petitioner was pillion rider on the motorcycle.
At about 7:00 a.m. when they reached Aligarh, Palwal Road, near Village Brajnagla (U.P.), suddenly a Car bearing was being driven by its driver at a very high speed and in a rash and negligent manner came and hit their motorcycle.
As a result of such forceful impact, they both fell down on the road and suffered injuries. The petitioner was taken to Malkhan Singh Hospital, Aligarh and later on shifted to Jawahar Lal Nehru Medical College Hospital, A.M.U., Aligarh (U.P.) for treatment. Later on, he was treated by the quack in New Delhi.
However, the court has allowed the Petition and an award of Rs. 31,71,000 which includes 74 months and 25 days of interest at the rate of 9 per cent per annum from the date of filing the petition till the date of award is passed in favour of petitioner.
The court directed the Insurance Company to pay Rs.31,71,000 to the petitioner as compensation in this case, within 30 days from today failing which, it would be liable to pay further interest at 9 per cent per annum on the amount of Rs. 20,30,601.05 from the date of award till its realisation.
However, the court refused to consider the fake bills paid by the petitioner.
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