HC rejects medical negligence plea

Patient suffering from brain tumour died after third surgery

The Delhi High Court has rejected the plea of a man alleging medical negligence by a neurosurgeon leading to the death of his wife, who was suffering from brain tumour.

Justice Vibhu Bakhru declined to give any relief to the man saying that whether there was any negligence on the doctor’s part has to be assessed by a committee comprising of an expert in neurosurgery. The Judge said that unless it is clear that there is any flaw in the decision making process, no interference will be warranted.

The court was hearing a plea by the man, whose wife was being treated by Dr. S.K. Sogani, a neurosurgeon, for meningioma/ brain tumour. She died on May 2011, after her third operation.

The man alleged in the plea that the doctor was negligent in treating his wife and he had operated upon her thrice from November 2003 to May 2011. It was alleged that the doctor conducted the operation on May 7, 2011, without a prior MRI scan and it was an act of negligence.

He initially filed a complaint before the Delhi Medical Council (DMC) which passed the order that no case of medical negligence had been made out against the doctor in treating the woman as she died due to “the known complications associated with the surgery of such nature”. This was challenged by him before the Medical Council of India (MCI) which disposed of the plea by approving the finding of its Ethics Committee that there was no medical negligence. The man then approached the High Court against the MCI’s order.

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Printable version | Feb 19, 2020 2:52:01 AM |

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