DMC/DC/F.14/Comp. 1040/2/2013/ 22nd August, 2013

O R D E R

The Delhi Medical Council through its Executive Committee examined a complaint of Mrs. Madhu Ghoshr/o. IX/1115, Jain Mati Gali, Gandhi Nagar, Delhi – 110031, forwarded by Medical Council of India, alleging medical negligence on the part of Dr. Ashok, Dr. Deepa Singh and Ashok Nursing Home, in the treatment administered to the complainant at Ashok Nursing Home, F-3/13-16, Vijay Chowk, Krishna Nagar, Delhi – 110051.

The Order of the Executive Committee dated 8th August, 2013 is reproduced hereinbelow:-

“The Executive Committee of Delhi Medical Council examined a complaint of Mrs. Madhu Ghosh (referred hereinafter as the complainant) r/o. IX/1115, Jain Mati Gali, Gandhi Nagar, Delhi – 110031, forwarded by Medical Council of India, alleging medical negligence on the part of Dr. Ashok, Dr. Deepa Singh and Ashok Nursing Home, in the treatment administered to the complainant at Ashok Nursing Home, F-3/13-16, Vijay Chowk, Krishna Nagar, Delhi – 110051(referred hereinafter as the said Nursing Home).

The Executive Committee perused the complaint, joint written statement of Dr. Ashok Singh, Dr. Deepa Singh and Dr. Roya Singh, Medical Superintendent, Ashok Nursing Home and copy of medical records of Ashok Nursing Home and other documents on record.

The Executive Committee observed that as per the medical records of the complainant and ultrasound report dated 25.7.2012 of the said Nursing Home, the complainant was having bilateral ovarian cyst; ‘thin walled, unilocular cyst measuring 70x65x62 mm in right adnexae’, and ‘a small unilocular cyst in left ovary measuring 30x25 mm.’ The

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complainant was planned for laparoscopy surgery and underwent right sided ovarian cystectomy on 25.7.2012 (at Ashok Nursing Home), subsequent to which histopathology of the tissue was also conducted. It is observed that the left sided cyst was not removed as it was small in size and the surgeon was well within the scope of his surgical assessment / clinical judgement to conclude that the same did not warrant any surgical intervention, hence, the claim of the complainant that the right sided ovarian cyst was removed in place of the left sided ovarian cyst is not medically tenable.

In view of the above, it is the decision of the Executive Committee that prima facie, no case of medical negligence in made out on the part of Dr. Ashok, Dr. Deepa Singh and Ashok Nursing Home, in the treatment administered to the complainant Smt. Madhu Ghosh at Ashok Nursing Home.

Complaint stands disposed.”

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(Dr. A.K. Agarwal) (Dr. Vinay Aggarwal) (Dr. N.V. Kamat) (Dr. Ajay Gambhir)

Chairman Vice-President Member Member

Executive Committee Delhi Medical Council Executive Committee Executive Committee

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(Dr. P.N. Aggarwal)

Expert Member

The Order of the Executive Committee dated 8th August, 2013 was confirmed by the Delhi Medical Council in its meeting held on 16th August, 2013.

By the Order & in the name of

Delhi Medical Council

(Dr. Girish Tyagi)

Secretary

Copy to :-

1)Mrs. Madhu Ghosh r/o. IX/1115, Jain Mati Gali, Gandhi Nagar, Delhi – 110031

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2)Medical Superintendent, Ashok Nursing Home, F-3/13-16, Vijay Chowk, Krishna Nagar, Delhi – 110051

3)Dr. Deepa Singh, Through Medical Superintendent, Ashok Nursing Home, F-3/13-16, Vijay Chowk, Krishna Nagar, Delhi – 110051

4)Dr. Ashok, Through Medical Superintendent, Ashok Nursing Home, F-3/13-16, Vijay Chowk, Krishna Nagar, Delhi – 110051

5)Section Officer, Medical Council of India, Pocket -14, Sector-8, Dwarka, New Delhi – 110077 – with reference to letter No. MCI-211(2)(286)/2012-Ethics/133095 dated 3rd October, 2012

(Dr. Girish Tyagi) Secretary