Institute of Medicine & Law - Institute of Medicine & Law
 
 
imlindia.com
Doctors Issue Medical Certificate Without Examination, Delhi High Court Says Removing Their Name From Medical Council’s Roll Not The Only Leviable Penalty
 
 

The Gujarat Medical Council (GMC) on Friday suspended the licence of a gynaecologist in Kadi, Mehsana, after finding him guilty of gross medical negligence that resulted in the deaths of a child and its mother during childbirth.

A GMC statement said that the MBBS and MS in gynaecology registrations of Dr Harshil Patel have been suspended for six months.

According to the statement, Vikas Gambhir had on October 27, 2022, filed a complaint with Mehsana police against Dr Patel. In his complaint, he said that his wife Lakshmi was pregnant for the third time and the couple had consulted Dr Patel at his Kadi hospital.

"Dr Patel had suggested that like the previous two deliveries, the third too should be through Caesarean section," the statement quoted the police complaint as saying. The gynaecologist gave the couple July 26, 2022, as the due date. Lakshmi, however, was rushed to his hospital late on July 25 night after developing labour pain and admitted at around 12.15 am.

"The night staff present told them that Dr Patel was absent and Dr Ishrat, an Ayurvedic doctor, had spoken to him over phone. After this Lakshmi was administered an injection. The patient and her husband repeatedly asked the night staff to call Dr Patel to the hospital and even informed them about the doctor's suggestion of a C-section procedure. However, the staff went ahead with a normal childbirth process and the child was stillborn," the GMC statement said.

After Lakshmi's condition worsened, she was shifted to Bhagyoday Hospital. Dr Harshil went to Bhagyoday Hospital, but the woman died at 6.15am.

Doctors there told Vikas that his wife died of a ruptured uterus. A postmortem examination was performed, but other than calling it a complicated pregnancy, no clear cause of death was given to the patient's family, the GMC statement added.

The incident was reported to GMC, which sought explanation from Dr Harshil Patel and Dr Ishrat besides all medical documents of the patient. Dr Patel, Dr Ishrat and the doctors who performed the postmortem examination were questioned at a GMC hearing.

GMC then constituted a three-member expert panel comprising Dr Harsh Doshi, professor and head of GCS Medical College, Dr Parul Shah, professor and head of NHL Medical College, and Dr Yamini Trivedi, professor and head of LG Hospital.

The panel's report opined, "Adverse consequences could have been avoided if the lower abdominal Caesarean procedure was performed after the patient was admitted in an emergency as the earlier two childbirths of the patient were risky and done through caesarean procedures."

At a meeting held under the chairmanship of its president Dr Nitin Vora, GMC suspended all registrations of Dr Patel for six months and informed the Gujarat government, and the National Medical Council of the decision. It also asked the Ayurvedic Council to take action against Dr Ishrat, the statement said.

Source:https://www.livelaw.in/high-court/delhi-high-court/delhi-high-court-doctor-name-removal-medical-council-roll-professional-misconduct-medical-certificate-240810