MCI sets aside medical council order debarring Uttarakhand doctor from practice
The Medical Council of India (MCI) has set aside an order of the Uttarakhand Medical Council (UKMC) debarring a Dehradun-based orthopedic surgeon from practice for a period of six monthsdehradun Updated: Jan 13, 2018 20:52 IST
The Medical Council of India (MCI) has set aside an order of the Uttarakhand Medical Council (UKMC) debarring a Dehradun-based orthopedic surgeon from practice for a period of six months, according to an MCI order dated January 5.
The Ethics Committee of the UKMC had banned three doctors, including Dr BKS Sanjay, from practice after finding them “guilty of grave misconduct” under Regulation 6.1 of the Indian Medical Council (Professional Misconduct, Etiquette and Ethics) Regulation 2002” in August last year.
The UKMC had taken the decision to debar Dr Sanjay after a complaint by Dr (Lt. Col.) MML Ahluwalia, whose son died allegedly due to “medical negligence” while undergoing treatment at the Sanjay Orthopedic, Spine & Maternity Centre in Dehradun.
Earlier, a committee constituted by the district magistrate and led by the chief medical officer, had reportedly not found any medical negligence on the part of the hospital. However, the UKMC banned Dr Sanjay from practice for six months.
Dr Sanjay appealed to the MCI, New Delhi against the UKMC’s order. After investigating the matter in detail, the MCI observed that the UKMC order “nowhere discussed documentary evidence. Therefore, it is difficult to understand the basis of the decision”.
The MCI’s Ethics Committee, which met in November last year, further said in the “absence of any evidence, there is no occasion to hold the appellant guilty of misconduct or negligence”. It subsequently exonerated Dr Sanjay of any professional misconduct and set aside the UKMC order
The recommendations of the MCI’s Ethics Committee were eventually approved by the Executive Committee at its meeting held on December 14, 2017 and further by the Oversight Committee via its letter dated January 3.