DMC/Council Meeting/F.2/1/2013/ 28th May, 2013
Minutes of the Council meeting of the Delhi Medical Council held on 28th May, 2013in Conference Room, Delhi Medical Council, New Delhi
A meeting of the Delhi Medical Council was held on 28th May, 2013at 2.30 pm in Conference Room, Delhi Medical Council, New Delhi.
The following were present :-
- Dr. A.K. AgarwalChairman
- Dr. Chander PrakashMember
- Dr. Anil BansalMember
- Dr. Anil GoyalMember
- Dr. Arvind ChopraMember
- Dr. K.K. AggarwalMember
The following member could not attend the meeting :-
1.Dr. Vinay AggarwalVice-President
2.Dr. O.P. KalraMember
3.Dr. Manoj SinghMember
4.Dr. Ajay GambhirMember
5.Dr. B. GuptaMember
6.Dr. (Ms.) Upreet DhaliwalMember with prior leave of absence
7.Dr. Parshottam LalMember
8.Dr. Ashok SethMember
9.Maj. Gen. (Dr.) A.K. SharmaMember
10.Dr. N.P. SinghMember
11.Dr. N.V. KamatMember
12.Dr. Praveen BhatiaMember
13.Dr. Navin DangMember
14.Dr. G.K. SharmaMember
The meeting was adjourned at 2.30pm due to lack of quorum. Themeetingwasreconvened at 3.00 p.m.
Dr. A.K. Agarwal, Chairmanwelcomed the members to the meeting. Dr. Chander Prakash chaired the meeting as the Chairman, had to leave for an urgent meeting.
The following agenda was discussed :-
- Confirmation of the minutes of the last meeting held on 17th April, 2013.
Minutes of the last Council meeting held on 17th April, 2013, which were circulated to all the members, were confirmed.
- Action taken report of minutes of the meeting held on 17th April, 2013.
Action taken report, which was circulated to all the members, was approved.
- To discuss about the progress of Online Registration
Primus IT Solution has given the presentation regarding progress of Online Registration before the Council members. Primus IT Solution has also proposed that the future certificates will be sent by email as softcopy with security feature and no physical / hard copy of the certificate will be sent by post which will not only help the Council to timely delivery of certificates but also reduce the overhead cost of the Council. Council members were also concerned about security and integrity of the database. It was assured by Primus that highest level of security level i.e. SSH-1 is being inbuilt for data security and integrity. Council members appreciated the initial work done by Primus IT Solution. Primus informed the Council members that it will take approx. five more months to finish the project.
- To discuss about the progress of Online CME
Registrar informed the Council members that Mr. Uday S. Ahlawat, Advocate, Uday & Associates raised some queries after reviewing the MoU with BMJGroup. BMJ Group has answered all the queries raised by Mr. Uday S. Ahlawat. Mr. Uday S. Ahlawat has replied that he will be sending his comments on the MoU within 2 days.
Members requested that once comments have been received from Mr. Uday S. Ahlawat, comments be sent to all the council members through email.
- To discuss cases of medical negligence and unethical conduct.
(a)The Order of the Disciplinary Committee in complaint No. 822 of Shri Mukesh Kumar r/o. P-39, Krishan Vihar, Delhi – 110086, alleging medical negligence on the part of Dr. Rajni Gupta and Dr. Rakesh Gupta, in the treatment administered to complainant’s wife late Anita at Gupta Hospital, A-56, Main Kanjhawala Road, Budh Vihar Phase- I, Delhi–110086, resulting in her death on 1.7.2010, came up for confirmation.
Whilst confirming the decision / Order of the Disciplinary Committee in Complaint No. 822, the Council directed that following modifications be made in the Order of the Disciplinary Committee Order dated 26th April, 2013 :-
(i)In second paragraph of the Order of Disciplinary Committee “The Disciplinary Committee perused the complaint, written statement of Dr. Rajni Gupta and Dr. R.K. Gupta and “other” documents on record” the word “other” be substituted with the word “available”. Hence the second paragraph shall be read as follows :-“The Disciplinary Committee perused the complaint, written statement of Dr. Rajni Gupta and Dr. R.K. Gupta and availabledocuments on record.”
(ii)In the fifth sentence of the paragraph where the Disciplinary Committee has made the observations viz “However, the condition of the patient was not improving, therefore, she was referred to the higher centre for the further treatment and was transferred in an Ambulance to Bharam Shakti hospital which was nearest with adequate facilities and where she was declared brought dead.”
The Council observed that the words “with doctor” be added in the above mentioned sentence after the word “Ambulance”. The Council further observed that the words “and where she was declared brought dead” appearing in the above mentioned sentence be deleted and substituted with “but died on the way”. Hence the paragraph shall be read as follows :- “The patient was brought to Gupta Hospital with pain in abdomen on 30-6-2010. She was administered symptomatic treatment and the patient went home. She came again at 3.00 a.m. (1-7-10) as per records with same complaints. At this time, she was advised urgent admission for which she refused. However, the condition of the patient was not improving, therefore, she was referred to the higher centre for the further treatment and was transferred in an Ambulancewith doctor to Bharam Shakti hospital which was nearest with adequate facilities but died on the way. The death certificate was issued by Dr. Rajni Gupta.
This observation is to be incorporated in the final Order to be issued. The Order of the Disciplinary Committee stands modified to this extent and the modified Order is confirmed.
(b)The Order of the Disciplinary Committee in complaint No. 860 – A representation from Police Station Paschim Vihar, Delhi, seeking medical opinion in respect of death of late Anita Rani, allegedly due to medical negligence on the part of doctors of Sri Balaji Action Medical Institute, Paschim Vihar, Delhi-110063, in the treatment administered to late Anita Rani, resulting in her death on 4.7.2008, was confirmed.
(c)The Order of the Disciplinary Committee in complaint No. 864 of Shri Vishal Gupta r/o. 364/1, Vinoba Nagar, Near Mahesh Oil Mill, Kanpur – 208001, alleging medical negligence, in the treatment administered to complainant’s son late Krishna at Sarvodaya Childcare, GD-28, Pitampura, Delhi and Max Hospital, resulting in his death on 20.10.2010 at Max Hospital, HB Twin Towers, Near TV Tower, Pitampura, Wazipur District Centre, New Delhi–110034, came up for confirmation.
Whilst confirming the decision of Disciplinary Committee, the Council observed that Medical Superintendent, Max Hospital, Pitampura be issued a warning for improper record keeping. Medical Superintendent is advised to be careful in future.
The Order of the Disciplinary Committee stands modified to this extent and the modified Order is confirmed.
(d)The Order of the Disciplinary Committee in complaint No. 980 of Shri Sanjeev Ranjan, r/o, F-2, C-166, Shalimar Garden Extension 2, Sahibabad, Ghaziabad, UP, alleging medical negligence on the part of Dr. Poonam Khera, in the treatment administered to the complainant’s wife Smt. Shubhara Subhashini at Tirath Ram Shah Charitable Hospital, 2A, R.B.L., Isher Das Sawhney Marg, Rajpur Road, Delhi-110054, came up for confirmation.
The Order of the Disciplinary Committee was confirmed by the Council through majority decision. Dr. K.K. Aggarwal registered his dissent, as he is of the view that in this matter instead of name removal of Dr. Poonam Khera, compensation to be given to the complainant.
(e)The Order of the Disciplinary Committee in complaint No. 1054 of Shri R.K. Garg, AE (E), ED-XI, Sub Division-V, CPWD, Pusa, New Delhi, seeking verification of genuineness of medical certificates issued by Dr. R.S. Sharma of Raaj Clinic to one Shri Jagdish, came up for confirmation.
While confirming the decision, the Council observed that the decision / opinion of the Delhi Medical Council holding Dr. R.S. Sharma guilty of professional misconduct is final. However, the Order directing the removal of name from the State Medical Register of Delhi Medical Council shall come into effect after 30 days from the date of the Order.
This observation is to be incorporated in the final Order to be issued. The Order of the Disciplinary Committee stands modified to this extent and the modified Order is confirmed.
(f)The Order of the Disciplinary Committee in complaint No. 1076 – A Court Order dated 23rd November, 2012 in FIR No.72/11, P.S. Karol Bagh, State V/s Vimal Marwah Etc., in which certain observations made by the learned Metropolitan Magistrate Central-01, in regard to medical and/fitness certificate issued by Dr. V.K. Behal, was confirmed.
Whilst confirming the decision, the Council observed that interest of justice will be served if name of Dr. V.K. Behal is removed for a period of seven days from State Medical Register of Delhi Medical Council.
The Council also observed the decision of the Delhi Medical Council holding the above named doctor guilty of professional misconduct is final. However, the Order directing the removal of name from the State Medical Register of Delhi Medical Council shall come into effect after 30 days from the date of the Order.
This observation is to be incorporated in the final Order to be issued. The Order of the Disciplinary Committee stands modified to this extent and the modified Order is confirmed.
(g)The Order of the Disciplinary Committee in complaint No. 1082 – An inspection report of the office of the Chief District Medical Officer, North West District, Directorate of Health Services, Govt. of NCT of Delhi, Dispensary Building, Sector-13, Rohini, Delhi-110085 in respect of Parh Medical Centre, D-123, Gali No.9, Mangal Bazar Road, Shardhanand Colony, Balaswa Dairy, Delhi wherein it is noted that Dr. Rakesh Kumar Bhatnagar has been associating with unqualified medical practitioners, came up for confirmation.
While confirming the decision, the Council observed that the decision / opinion of the Delhi Medical Council holding Dr. Rakesh Kumar Bhatnagar guilty of professional misconduct is final. However, the Order directing the removal of name from the State Medical Register of Delhi Medical Council shall come into effect after 30 days from the date of the Order.
This observation is to be incorporated in the final Order to be issued. The Order of the Disciplinary Committee stands modified to this extent and the modified Order is confirmed.
(h)The Order of the Disciplinary Committee in complaint No. 1083 –A letter head of Gopal Nursing & Eye Hospital, B-1, Jyoti Nagar (West) Loni Road, Shahdara, Delhi-110094 dated 1.10.2012 wherein Dr. Ashwani Singh claiming himself to a holder of M.D (Medicine) and D.N.B. qualification which actually he does not possess, is being examined by the Delhi Medical Council, came up for confirmation.
While confirming the decision, the Council observed that the decision / opinion of the Delhi Medical Council holding Dr. Ashwini Singh guilty of professional misconduct is final. However, the Order directing the removal of name from the State Medical Register of Delhi Medical Council shall come into effect after 30 days from the date of the Order.
This observation is to be incorporated in the final Order to be issued. The Order of the Disciplinary Committee stands modified to this extent and the modified Order is confirmed.
(i)The Order of the Executive Committee in complaint No. 982 of Smt. Vimla Rana, r/o, C-192, Gali No.4, West Vinod Nagar, Delhi-110092, alleging medical negligence on the part of Dr. Mahesh Agarwal, in the treatment administered to the complainant’s daughter Ms. Indu Rana at Mahesh Hospital, D-937, Patparganj Society Complex, Near Engineer State, West Vinod Nagar, Indraprastha Extension, Delhi-110092; Ms. Indu Rana was subsequently treated at Lok Nayak Hospital where she expired on 14.7.2012, was confirmed.
(j)The Order of the Executive Committee in complaint No. 989 of Shri Yogendra Singh, r/o, House No. 2/249, Trilokpuri, Delhi-110091, alleging medical negligence and professional on the part of Dr. Vivek Tandon, in the treatment administered to the complainant’s Father at Metro Hospital, Sector-11, Noida, U.P, was confirmed.
(k)The Order of the Executive Committee in complaint No. 1001 of Shri Shambhu Sah, Shahi Exports Pvt. Ltd., A-5, Hosiery Complex,Phase-II, Noida, Uttar Pradesh, alleging medical negligence on the part of Dr. Abhinav Gupta, in the treatment administered to the complainant’s daughter baby Surabhi Kumari at Jain Hospital, 177, 178, Jagriti Enclave, Vikas Marg Extension, Delhi-110092, was confirmed.
(l)The Order of the Executive Committee in complaint No. 1069 – A representation from Police Station Safdarjung Enclave, New Delhi, seeking medical opinion on a complaint of Shri Dilip Kumar s/o. Shri Raj Narayan Bhagat r/o. Village – Budhi, Post – Murho, Distt – Madhepura, Bihar-852114, alleging medical negligence on the part of doctors of Jai Prakash Narayan Apex Trauma Centre, AIIMS, was confirmed.
(m)The Order of the Executive Committee in complaint No. 1086 –A representation from Police Station Greater Kailash, New Delhi, seeking enquiry on a complaint of Ms. Pamela Richards, a British National r/o. 53, Regents Plaza Apartments, Kilburn High Road, London, NW6 5TR, U.K., against SCI Healthcare, A-28, Kailash Colony, New Delhi, was confirmed.
(n)The Order of the Executive Committee in complaint No. 1062 of Shri Baljeet Singh s/o. Shri Balvir Singh r/o. 13/10, Kalyanpuri, Delhi – 110091, forwarded by Directorate of Health Services, alleging medical negligence on the part of Dr. V.A.S. Kumar, in the treatment administered to the complainant at Kukreja Hospital, D-36, Acharya Niketan, Mayur Vihar Phase-1, Delhi – 110091, was confirmed.
(o)The Order of the Executive Committee in complaint No. 975 of Shri Arun Swaraj, r/o, RZ-2686-A/29, Tughlakabad Extension, New Delhi, alleging medical negligence, on the part of Dr. Meenakshi Singh and Moolchand Hospital, New Delhi in the treatment administered to the complainant’s wife Smt. Jyoti at Moolchand Hospital, New Delhi, was confirmed.
(p)The Order of the Executive Committee in complaint No. 1042 of Ms. Natasha Jain r/o. 43-C, Pocket-A, GTB Enclave, Delhi-110093, alleging professional misconduct on the part of Dr. Rajiv Gupta of Karuna Hospital, D-62, Dilshad Colony, New Delhi, was confirmed.
(q)The Order of the Executive Committee in complaint No. 1003 of Smt. Hema Chauhan, r/o, 58 Purana Roshanpura, Najafgarh, Delhi-110043, forwarded by the Chief District Medical Office (East District), Directorate of Health Services, alleging medical negligence on the part of Dr. Nupur Pagore, in the treatment administered to the complainant at Malik Radix Healthcare, C-218, Nirman Vihar, Vikas Marg, Delhi-110092, was confirmed.
(r)The Order of the Executive Committee in complaint No. 1078 of Ms. Daisy Yadav r/o. 113, Sanjay Enclave, DDA LIG Flat, Opp. GT Karnal DTC Bus Depot, Makarba Flyover Chock, GTK Road, Delhi – 110033, alleging medical negligence on the part of Dr. S.S. Kanodia, in the treatment administered to the complainant, was confirmed.
(s)The Order of the Executive Committee in complaint No. 988 of Shri Data Ram, Jhuggi No. 425 B, Kalyanvas Indra Camp, Kalyanpuri, Delhi, forwarded by the Medical Council of India, alleging medical negligence on the part of Dr. Sushil Sharma, in the treatment administered to the complainant at Ram Lal Kundan Lal Orthopaedic Hospital, Patparganj, Main Road, Opposite Mother Dairy, Delhi-110092, was confirmed.
(t)The Order of the Executive Committee in complaint No. 1043 of Ms. Anju Chaudhary r/o. Qtr. No. V-I/5, Police Colony, Andrews Ganj, New Delhi, alleging medical negligence on the part of Dr. Atul Kakar, in the treatment administered to the complainant at Sir Ganga Ram Hospital, New Delhi, was confirmed.
(u)The Order of the Executive Committee in complaint No. 1077 –An Order dated 5.9.2012 passed by Learned Metropolitan Magistrate-01, NI Act (Central), Distt., Tis Hazari Court, Delhi in CC NO. 2798/10, forwarded by Medical Council of India, wherein certain observations have been made against Dr. Rajesh Vaish in regard to a certificate issued by him to Shri Mohit Jain, was confirmed.
(v)The Order of the Executive Committee in complaint No.949 of Shri Ramesh Chand, Flat No. 256, Pocket-A, Sector-13, Dwarka, New Delhi-110075, alleging medical negligence on the part of Dr. Shailendra Jain of Ayushman Hospital, Plot No. 2, Sector-12, Dwarka, Delhi-110075, in the treatment administered to the complainant’s wife Smt. Santosh Kataria at Ayushman Hospital, was confirmed.
- To discuss about the minutes of the Anti Quackery Committee.
1)Minutes of the Anti Quackery Committee meeting held on 27th May, 2013, which were circulated to the Council members present, were confirmed. The same are appended herewith as annexure ‘A’.
- Any other item with permission of Chair
1)Minutes of the Finance Committee meeting held on 16th May, 2013 which were circulated to the Council members present, were confirmed. The same are appended herewith as annexure ‘B’.
2)Dr. Anil Bansal, Chairman, Anti Quackery Committee, informed the members that police are not implementing thecompliance of the Closure Orders passed by Delhi Medical Council. The Council directed that a letter be sent to Commissioner of Police for seeking appointment regarding implementation of the compliance of the Closure Orders passed by Delhi Medical Council.
3)Dr. A.K. Agarwal, Chairman, proposed that a group discussion on patient safety is being organized by Delhi Medical Council on 22nd June at India Habitat Centre. The background note will be sent to all the Council members for their comments / suggestions.
4)Dr. K.K. Aggarwal, Chairman, Ethics Committee, requested the Council that a meeting be held in the office of Delhi Medical Council to discuss about type of punishment / quantum of punishment. President, Dr. A.K. Agarwal assured about holding of such meeting shortly.
5)Dr. K.K. Aggarwal informed the Council members that a forged website has been created in the name of Delhi Medical Council i.e. The Council took it very seriously. The Council directed that a complaint be lodged with the Police.
6)Dr. K.K. Aggarwal wanted to know whether Council members are Gazetted Officers or not. The Council directed that a legal opinion be sought in this regard.
7)Dr. K.K. Aggarwal requested that a legal opinion be sought on the aspect as to whether the removal of name from Medical Register is a criminal act or not.
Meeting ended with vote of thanks to the Chair.
(Dr. Girish Tyagi)
Secretary
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