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Synopsis

The Delhi High Court on Monday said that striking off the name from the Indian Medical Register partakes the character of a civil death in the professional career of a doctor. It said that such an action is bound to have far and wide reaching societal ramifications for the rest of his career.

The above observations were made by a single-judge bench of Justice C. Hari Shankar which was considering a writ petition filed by one Dr. Pramod Batra challenging the decision of MCI to temporarily strike his name from the Indian Medical Register for a period of three months. 

The High Court said that “the scalpel cannot be wielded by a shaking hand.” Baseless targeting of doctors, unmindful of the consequences, is bound, in the ultimate eventuate, to seriously prejudice public interest, it observed. 

In the instant case, the petitioner was discharged by the MCI in respect of the charge of medical negligence of death of one 21 year old lady, but was punished with the temporary removal of his name on the ground of falsification of records.

The deceased-Mamta reported to Dr. Archana Kothari, a gynaecologist at Krishna Medical Centre, New Delhi with a complaint of amenorrhoea (absence of menstrual periods) with intermittent vaginal bleeding following consumption of abortifacient drug.

Mamta, died later on the same day and was declared as having been brought dead when shifted to the Safdarjung Hospital. The Post Mortem report at Safdarjung Hospital recorded the cause of death as “haemorrhagic shock, consequent upon perforation of the uterus, following surgical intervention”.

The family members of the deceased alleged that her death was caused due to medical negligence. 

During inquest, the Police authorities sent a notice under Section 91 of the Code of Criminal Procedure (CrPC) to the petitioner requiring him to furnish the record of medical treatment of the deceased. 

The petitioner contended that he had received a call informing him that a patient was suffering from vaginal bleeding and that his ultrasonological services were urgently required. 

It was argued that the petitioner was only assisting one Dr. Archana Kothari in carrying out the ultrasonography guided D&C (Dilation and Curettage) and was not requested to undertake any further exercise. Once the D&C was over, the petitioner left KMC

The Delhi Medical Council had recommended removal of the name of the petitioner from the State Medical register for three months, not on the ground of falsification of medical records, but on the ground of medical negligence. On appeal, the MCI reversed the finding arrived by the DMC. 

Senior Advocate Siddharth Aggarwal, representing petitioner, submitted that Dr. Pramod Batra has been punished by the MCI on the ground of falsifying records without even a complaint against him on that account.

“In the impugned Order, the MCI has dropped the allegation… of medical negligence. The petitioner has been mulcted with the punishment of removal of his name from the Indian Medical register on the ground of falsification of records,” the high court noted.

In its order, the High Court said that the petitioner was never put to show cause regarding any other allegation, including the allegation of falsification of records. While, the allegation of medical negligence was categorically found by the MCI to be without substance.

“Even on that sole ground, the Order, insofar as it punishes the petitioner, deserves to be set aside,” the High Court said.

At no stage, prior to the passing of the impugned Order by the MCI, was the petitioner ever charged with falsification of records, the high court said. It was only alleged that medical negligence of the petitioner contributed to the unfortunate death of the deceased. 

“If one reads the impugned order, one finds no observation, or finding, to sustain the conclusion that the petitioner had falsified the hospital records. A finding of falsification of records cannot…. be lightly arrived at,” the high court held. 

Setting aside the MCI Order, the High Court rules that “the impugned Order fails to meet the necessary standard as would persuade this Court to sustain the finding….of falsification of records.”

Cause Title: DR. PRAMOD BATRA v. MEDICAL COUNCIL OF INDIA & ANR.