Indian News

HC constitutes fresh panel in medical negligence case

Source: , Posted On:   13 January 2021

The Delhi high court on Wednesday constituted a fresh committee to look into the alleged medical negligence by a doctor at Maharaja Agrasen Hospital, which had resulted in the death of a man in 2016. The court said the earlier decision of the committee was “cryptic” and “did not give any reason” justifying its conclusion.

Justice Pratibha M Singh said the erstwhile committee had not followed the protocol and instructions which the chief minister Arvind Kejriwal had given after the deceased’s brother, seeking relief, had gone to the CM’s Delhi Durbar. In 2019, Kejriwal had directed an inquiry by a committee, while also directing the videography of the proceedings.

“Final inquiry report is quite cryptic and does not discuss the facts nor are they recorded by the committee. Entire report is in one para….,” the court said.

“Considering the factual matrix of the case, the committee has not followed the protocol or given any reason to dismiss the complaints,” it said.

The court said the pending committee will be set aside and a new committee will be constituted under the chairmanship of Dr Sanjeev Kathuria. The proceedings would be videographed and a speaking order would be given to the petitioner within four months.

It said the committee will take written responses from all parties and then give a detailed report to the Delhi government as well as the petitioner.

The court’s order comes while hearing a plea by a man filed through advocate Prashant Vaxish stating that his brother (deceased) had a minor chest pain after which he was treated by a doctor on March 28, 2016, treated in the Maharaja Agrasen Hospital. He said the doctor prescribed some medicines and asked him to take rest.

He said two days later, the doctor called them multiple times and asked them to come to the hospital, stating that the condition of the patient required immediate action.

“The brother of the petitioner died on April 2016 due to the sheer medical negligence and wrong treatment by the doctors at Maharaja Agrasen Hospital,” the plea said.

The plea had also contended that the authorities created forged reports and he was charged for tests which were never conducted on his brother. It said while no action was taken, the deceased’s brother had sought help from the CM who had directed the constitution of the committee.