DMC/Council Meeting/F.2/1/2013/ 10Th October, 2013

DMC/Council Meeting/F.2/1/2013/ 10th October, 2013

Minutes of the Council meeting of the Delhi Medical Council held on 9th October, 2013in Conference Room, Delhi Medical Council, New Delhi

A meeting of the Delhi Medical Council was held on 9th October, 2013at 2.30 pm in Conference Room, Delhi Medical Council, New Delhi.

The following were present :-

Dr. A.K. AgarwalChairman
Dr. Vinay AggarwalVice-President
Dr. Chander PrakashMember
Dr. Anil BansalMember
Dr. Anil GoyalMember
Dr. Arvind ChopraMember
Dr. K.K. AggarwalMember
Dr. N.V. KamatMember
Dr. Ashok SethMember
Dr. O.P. KalraMember
Dr. Upreet DhaliwalMember
Dr. Praveen BhatiaMember
Dr. G.K. SharmaMember

The following member could not attend the meeting :-

1.Dr. N.P. SinghMember

2.Dr. B. GuptaMember

3.Dr. Ajay GambhirMember with prior leave of absence

4. Dr. Manoj SinghMember

5. Dr. Parshottam LalMember

6.Dr. Navin DangMember

7.Dr. A.K. SharmaMember

Dr. A.K. Agarwal welcomed the members to the meeting.

The following agenda was discussed :-

Confirmation of the minutes of the last meeting held on 16th July, 2013.

Minutes of the last Council meeting held on 16th July, 2013, which were circulated to all the members, were confirmed.

Action taken report of minutes of the meeting held on 16th July, 2013.

Action taken report, which was circulated to all the members, was approved.

To discuss about progress and presentation on Online Registration

Primus made a presentation updating the Council members about online registration project being carried out by the company. The Council appreciated the work done by Primus, however, it was requested that they may also incorporate Biometric system in the online registration project and expedite the project.

To discuss cases of medical negligence and unethical conduct.

(i)The Order of the Disciplinary Committee in complaint No. 1000–A reference from S.P.O., P.N.D.T., Directorate of Family Welfare, Govt. of NCT of Delhi, allegedly professional misconduct on the part of Dr. Rama Sharma, Sharma Medical Centre, B-112, Subhadra Colony, North District, came up for confirmation.

The Council observed that the word ‘sketchy’ used in Disciplinary Committee Order needs to be clarified, hence, matter be referred to Disciplinary Committee for re-consideration.

(ii)The Order of the Disciplinary Committee in complaint No. 848of Mrs. Meena Srivastava r/o. Y 16-A, Hauz Khas, New Delhi, alleging medical negligence on the part of Dr. S.K. Bakshi, Dr. Sudhir Kumar and Sukhmani Hospital, in the treatment administered to complainant’s husband late R.K. Srivastava at Sukhmani Hospital, B-7 Extn./126A, Safdarjung Enclave, New Delhi-110029, resulting in his death on 9.1.2009, came up for confirmation.

The Council observed that the matter be referred back to the Disciplinary Committee for re-consideration on the issue regarding whether there were significant shortcomings in adherence to medical and surgical protocol, for the same to constitute act of medical negligence.

(iii)The Order of the Disciplinary Committee in complaint No. 959of Shri Randhir Singh, House No. 73, Police Colony, A-3, Paschim Vihar, New Delhi-110063, forwarded by Medical Council of India, alleging professional misconduct, on the part of Dr. Manoj Dhingra, in respect of MLC prepared at Sanjay Gandhi Memorial Hospital, Mangol Puri, New Delhi, came up for confirmation.

The decision of the Disciplinary Committee was confirmed by a majority decision and dissent of Dr. K.K. Aggarwal and Dr. G.K. Sharma was registered.

(iv)The Order of the Disciplinary Committee in complaint No. 1061 - A representation from Dy. Commissioner of Police, North East Distt, Delhi, seeking enquiry on a complaint of Shri Narender r/o, House No., G-9, ,Gali No. 1, Phase-3, Shiv Vihar, Karawal Nagar, Delhi – 110094, alleging medical negligence on the part of Dr. Sunita, in the treatment administered to complainant’s sister-in-law Smt. Manisha at Sunita Polyclinic, J-35, 33 Foota Road, Prem Vihar, Shiv Vihar, Delhi-110094; Smt. Manisha subsequently received treatment at Narendra Mohan Hospital, Mohan Nagar, Ghaziabad, was confirmed.

(v)The Order of the Disciplinary Committee in complaint No. 880of Smt. Vaishali Sisodia, r/o E-1881, Jahangir Puri, Delhi-110033, alleging medical negligence in the treatment administered to the complainant’s husband late Deepak Kumar at Hindu Rao Hospital, Malkaganj, Delhi-110007, resulting in his death on 7th June, 2011, came up for confirmation.

Whilst confirming the Order of Disciplinary Committee, the Council observed that since the Disciplinary Committee did not hold that Dr. Sunil Kumar acted unprofessionally, the following remarks against Dr. Sunil Kumar and punishment of warning is unwarranted and should be expunged “However, for the professional misconduct of Dr. Sunil Kumar as detailed herein-above, the Disciplinary Committee recommends that a warning be issued to Dr. Sunil Kumar (Delhi Medical Council Registration No. 2909) and further he is directed to refrain from such practices in future and Order be sent to the Commissioner, Municipal Corporation of Delhi, for information and necessary action.”

The Order of the Disciplinary Committee stands modified to this extent and the modified Order is confirmed.

(vi)The Order of the Disciplinary Committee in complaint No. 857of Shri Subhash Chand r/o. Durgesh Medical Store, Hanuman Chowk, Janakpuri, Deoband, Saharanpur, U.P., alleging medical negligence and professional misconduct on the part of Dr. Mohan Nair, Dr. Sanjeev Kumar, Dr. Rajesh Kaushik and Max Balaji Hospital, Patparganj, New Delhi, in the treatment administered to complainant’s wife late Sunita Rani at Max Balaji Hospital, resulting in her death on 5.1.2011, was confirmed.

(vii)The Order of the Disciplinary Committee in complaint No. 923 - A representation from Police Station, Sagar Pur, New Delhi, seeking medical opinion, in respect of death of Smt. Samina and her new born baby, allegedly due to medical negligence on the part of the doctors of Shakuntala Nursing Home, RZ-I-81A, Sagar Pur (West), Opposite Vidyut Board Colony, New Delhi-110046, was confirmed.

(viii)The Order of the Disciplinary Committee in complaint No. 887 - A representation from Police Station, Rohini, seeking medical opinion in respect of death of Nitin Dabla, allegedly due to medical negligence on the part of doctors of Jaipur Golden Hospital, in the treatment administered to late Nitin Dabla at Jaipur Golden Hospital, 2, Institutional Area, Sector-III, Rohini, Delhi-110085, resulting in his death on 15.2.2011, was confirmed.

(ix)The Order of the Disciplinary Committee in complaint No. 1160of Shri Ranjan Jain, r/o, 157, Chandra Vihar, Mandawali Fazalpur, I.P. Extension, Delhi-110092, alleging discrepancy in the date of birth of Dr. Saurabh Jain, was confirmed.

(x)The Order of the Disciplinary Committeein a complaint 1055 of Shri Ajit Singh Pannu C/o. Shri M.P. Gargi, Flat No. 503, Plot GH – 31, Sidhartha Society, Sector-56, Gurgaon, Haryana– 122003, forwarded by the Directorate of Health Services, Govt. of NCT of Delhi, alleging medical negligence on the part of doctors of Kalra Hospital, in the treatment administered to the complainant’s wife Nirmal Kaur Pannu at Kalra Hospital, Kirti Nagar, New Delhi – 110015; patient subsequently received treatment in Mata Chanan Devi Hospital, was confirmed.

(xi)The Order of the Disciplinary Committee in a complaint 890 of Shri Prem Kishan Jaiswal r/o. RZ-56A, Gali No. 1, Durga Park, Nasirpur, Dwarka, New Delhi – 110045, alleging medical negligence on the part of doctors of Hem Raj Jain Hospital, in the treatment administered to mother Smt. Kamlawati at Hem Raj Jain Hospital, Nursing Home No. 1, Block C-1, Janakpuri, New Delhi –110058, was confirmed.

(xii)The Order of the Disciplinary Committee in a complaint 877 of Smt. Neelam Almadi, w/o Late Shri Rajinder Kumar, 692, West Parmanand Colony, Delhi-110009, alleging medical negligence on the part of Dr. Rehman in the treatment administered to complainant’s husband late Rajinder Kumar at Nulife Hospital, 1616, Outtram Line, G.T.B. Nagar, Kingsway Camp, Delhi-110009, resulting in his death on 22nd December, 2010, came up for confirmation.

Whilst confirming the decision / Order of the Disciplinary Committee, the Council directed that addition to sending a copy of the Order to Directorate of Health Services, Govt. of NCT of Delhi for evaluation of facilities at Nulife Hospital, DHS be requested to take necessary action against Nulife Hospital under the Delhi Nursing Home Registration Act for appointing BAMS doctor as a RMO in the Hospital.

In view of the same, the last line in the Order of the Disciplinary Committee that “A copy of this Order be sent to the Directorate of Health Services, Govt. of NCT of Delhi for evaluation of facilities at Nulife Hospital”, be substituted with “A copy of this Order be sent to the Directorate of Health Services, Govt. of NCT of Delhi for evaluation of facilities at Nulife Hospital and taking necessary action against Nulife Hospital under the Delhi Nursing Home Registration Act for appointing BAMS doctor as a RMO in the Hospital.”

The Council also observed the decision of the Delhi Medical Council holding Dr. Harish Kumar guilty of professional misconduct is final. However, the Order directing the removal of name from the State Medical Register of Delhi Medical Council shall come into effect after 30 days from the date of the Order.

The Order of the Disciplinary Committee stands modified to this extent and the modified Order is confirmed.

(xiii)The Order of the Disciplinary Committee in a complaint 865 of Shri Shujat Khan r/o. A-2, New Anand Vihar, Loni, Ghaziabad 201102, UP, alleging medical negligence on the part of doctors of Lok Nayak Hopsital, in the treatment administered to complainant’s father late Ustad Ahmed Hussain Khan at Lok Nayak Hospital, resulting in his death on 13.2.2010, was confirmed.

(xiv)The Order of the Executive Committee in a complaint 1021 of Ms. Sarla Rastogi r/o. 51/B, MIG Flat, Pocket-B, DilshadGarden, Delhi, alleging medical negligence on the part of Dr. Atul Mishra and Dr. Arun PuriofMax Super Speciality Hospital, in the treatment administered to the complainant at Max Super Speciality Hospital, I.P. Extension, Patparganj, New Delhi, was confirmed.

(xv)The Order of the Executive Committee in a complaint 1044 of Shri Narinder Kumar Sehgal r/o. 143-A, Arjun Nagar, New Delhi – 110029, alleging medical negligence on the part of doctors of Neurology Department of Safdarjung Hospital, in the treatment administered to the complainant, was confirmed.

(xvi)The Order of the Executive Committee in a complaint 1028 of Smt. Reena Devi, Village & P.O. Makwa,Bhaya-Sultanganj, Distt. Munger, Bihar – 813201, forwarded by Medical Council of India, alleging medical negligence on the part of doctors of Nephrine Kidney Care & Dialysis, in the treatment administered to complainant’s husband late Sanjay Kumar at Nephrine Kidney Care & Dialysis Centre, H-2, Haus Khas, New Delhi-110016, resulting in his death on 27.7.2012, was confirmed.

(xvii)The Order of the Executive Committee in a complaint 1159 - A representation of Doctors for Fair Practices, Fortis Escorts Heart Institute, Okhla Road, New Dehi-110025, forwarded by the Directorate of Health Services, Govt. of NCT of Delhi, against Dr. Ashok Seth for cardiac stents, was confirmed.

Dr. Ashok Seth, Member recused himself from the proceedings.

(xviii)The Order of the Executive Committee in a complaint 1091 - a representation from Addl. DCP (South East District), New Delhi, seeking medical opinion on a complaint of Dr. R. Mandal r/o. R-4, Greater Kailash-1, New Delhi, alleging medical negligence on the part of Advanced Hair Studio, in the treatment administered to complainant’s son Mr. Debashish Mandal at Advanced Hair Studio, A-13, Pamposh Enclave, Greater Kailash-1, New Delhi, was confirmed.

(xix)A representation dated 5.4.2013 of Ms. Soni Srivastava r/o. Flat No. CRD II/9, Pandara Park, New Delhi – 110003 against Dr. Premlata Chawla, Dr. Kushal Jain, Dr. R.P. Arora and VIMHANS, No. 1, Institutional Area, Nehru Nagar, New Delhi – 110065 with copy to Dr. S.K. Sabharwal, Chairman, VIMHANS and Medical Council of India, was confirmed.

To discuss about the Minutes of the Anti Quackery Committee

Minutes of the Anti Quackery Committee meeting held on 18th September, 2013, which were circulated to the members, were confirmed. The same are appended herewith as annexure ‘A’.

Meeting ended with vote of thanks to the Chair.

(Dr. Girish Tyagi)

Secretary