Delhi High Court Directs NMC on Medical Negligence Case
Background of the Case
In a recent ruling, the Delhi High Court addressed the delay by the Delhi Medical Council regarding a medical negligence complaint. The court has instructed the National Medical Commission (NMC) to finalize the proceedings within six months concerning a case linked to the death of a patient after a liposuction procedure that took place in September 2021.
Clarification of Legal Authority
Justice Purushaindra Kumar Kaurav, presiding over the case, clarified that the State Medical Council holds the primary responsibility for investigating medical negligence complaints. However, if the State Medical Council fails to reach a timely decision, the case may be escalated to the NMC. The court emphasized the need for the NMC to reach a resolution within the specified six-month timeframe.
Details of the Complaint
The case emerged from a petition filed by the mother of a Singapore-based Indian woman who underwent liposuction at a clinic in Delhi. Following the procedure, the patient was transferred to a hospital in Faridabad, where she was pronounced dead on September 28, 2021. The mother alleges medical negligence and contends that regulatory authorities did not respond adequately despite her repeated follow-ups over the years.
Allegations of Negligence
According to the petition, the liposuction was performed by Dr. Yadav at a South Delhi clinic. The petitioner claims that the procedure deviated from standard medical practices, raising concerns about the circumstances surrounding the patient’s post-operative care. Notably, when complications arose, the patient was not transported to nearby government hospitals, such as AIIMS or Safdarjung Hospital, but was instead moved to a private facility in Faridabad, approximately 27 kilometers away.
Documentation and Evidence
The petition cites documents from the Faridabad hospital that cast doubt on the conditions related to the patient’s death. An MLC (Medico-Legal Case) issued by Vedantaa Hospital on September 28, 2021, reportedly contained conflicting information, with one section indicating the patient was unconscious while another stated she was “brought dead.” Additionally, a no-objection certificate from the SGM Nagar police station on September 30, 2021, noted that the cause of death was pending determination.
Initial Legal Proceedings
The family initially sought to file an FIR but was informed that a preliminary medical opinion was necessary in cases of medical negligence. Consequently, they submitted a complaint to the Delhi Medical Council on February 15, 2022. While an initial hearing took place in September 2022, the petitioner alleges that no further orders or communications were provided, leaving the matter unresolved despite multiple follow-ups.
Escalation to the NMC
Frustrated by the lack of action from the Delhi Medical Council, the petitioner appealed to the NMC, highlighting allegations of delay, cover-up of malpractice, and a systemic pattern of negligence. In its order dated January 15, made public on February 3, the court reiterated that the State Medical Council is the first authority to assess such complaints but clarified that unresolved cases could be transferred to the NMC for timely resolution.