DMC recommended action against Agarwal Medical Centre to Delhi govt in six cases

DMC investigated at least 15 complaints of professional misconduct and medical negligence against Agarwal Medical Centre

The Delhi Medical Council (DMC) investigated at least 15 complaints of professional misconduct and medical negligence against Agarwal Medical Centre in GK-1, whose owner Neeraj Agarwal was arrested in 2023 on charges of culpable homicide, destruction of evidence and criminal conspiracy, between 2014 and 2024 and took action in at least six cases, the body’s chief said on Monday.

Agarwal Medical Centre in Greater Kailash 1 in south Delhi on March 30. (HT Photo)

Arun Gupta, president of DMC, said as per procedure, in each of these six cases, the body also informed the Directorate General of Health Services (DGHS).

“DMC, in multiple complaints, has taken action by suspending Dr Neeraj Agarwal and other doctors working at Agarwal Medical Centre. At the same time, as per our protocols, we have communicated multiple times to the DGHS, highlighting the deficiencies of the Agarwal Medical Centre,” he said.

DGHS did not respond to requests seeking comment on the action taken against Agarwal Medical Centre on multiple complaints filed since 2014. Delhi government officials aware of the matter said that the matter was sub-judice and they will take appropriate action if required.

Agarwal told HT on Sunday said that he was allowed to practice medicine and the hospital was being run by his father. “The lease is in my name but we have rented the premises to my father and he is running the hospital,” he said.

On November 14, 2023, Neeraj Agarwal was arrested after a first information report was filed against his medical facility, Agarwal Medical Centre, and several other complaints in cases that involved the deaths of 15 people. The FIR was registered on charges of culpable homicide, destruction of evidence and criminal conspiracy, among other sections of the Indian Penal Code. He was given bail by the Delhi high court in August 2024.

HT reported on Monday that Agarwal appeared to have not only reopened the Agarwal Medical Centre in GK-1 but also allegedly started a second facility, Life Line Hospital in Kalkaji and returned to practising medicine, according to visits, eyewitness statements, photographs and documents.

“As per DMC guidelines, whenever we pursue a case, we take action against the doctors by suspending them and taking their name off from DMC registration for the said duration. Along with this, we highlight the discrepancies against the doctor as well as the establishment they work at and recommend the DGHS to take action against the medical establishment. The process is done as the practising doctors are registered with DMC and so the council can take action against them, but the medical setup is registered under DGHS and so we have no authority to take action against the setups,” Gupta said.

HT accessed a compilation made by the DMC in November 2024 and signed by Girish Tyagi, then secretary of DMC – of the complaints received by the body against Agarwal Medical Centre.

On at least four occasions, DMC decided to remove Neeraj Agarwal’s name from the body’s register – for 30 days in 2019, for 90 days in 2022, for 180 days in 2024, and for 365 days in 2024. In two cases – one from 2020 and another from 2014 – DMC removed the names of other doctors linked to the centre and issued a warning to Neeraj Agarwal in the 2014 case.

Six other cases are under consideration. In two other cases, no instance of professional misconduct was found. In one case, the complaint was found unsigned and not addressed to DMC.

Neeraj Agarwal appealed all six decisions to the National Medical Council (NMC). After DMC gives the order of action against a doctor, the person is given two months’ time to appeal to NMC. Till the appeal is decided, the DMC verdict is considered not applicable.

The appeals in NMC are still pending. NMC did not respond to requests for comment on the issue.

“One of the cases – September 10, 2024, filed by an individual identified as Major Basoya – had received huge publicity, in which we found gross medical negligence committed by the doctors of Agarwal Medical Centre. DMC took harsh action by suspending Dr Neeraj Agarwal and other doctors of Agarwal Medical Centre from the DMC registration for a period of 365 days,” said Gupta.

Agarwal and his wife Pooja Agarwal ran Agarwal Medical Centre , where a patient’s death led to an FIR, after which at least 15 cases were filed against the centre. After Neeraj Agarwal was arrested, the centre was temporarily shut.

But the Delhi high court on February 23, 2024, stated, “As the order directing sealing of the above property was neither passed on the request of the investigating agency nor has any reason for the same been given, in my view, the order dated 23.02.2024, insofar as it directs the sealing of the above property, cannot be sustained. The same is, accordingly, set aside to that limited extent.” 

“This order shall, however, in no manner prejudice the rights of the investigating agency in future action, if so required ... .the present petition and the pending application are disposed of in the above terms,” the court added.

The DMC document was compiled as part of the response of the body to the Union health ministry, which was asked a question in the Lok Sabha on “racket of fake doctors” in November 2024.

To be sure, in its answer on November 29, 2024 to the unstarred question by Trinamool Congress lawmaker Sougata Ray, the ministry didn’t use the data and instead said health is a state subject.

“The data and details of such complaints and actions taken thereon are not maintained centrally as each state/ Union territory or concerned authority handles the matter within their jurisdictions,” the ministry said in Parliament.