Hon’ble Delhi High Court while dealing with a petition here on 06-02-2019 in the case of “KRISHAN LAL KUMAR v. MEDICAL COUNCIL OF INDIA & ORS” stated that Proceedings before DMC/MCI regarding medical negligence are in nature of peer review and judicial review on the merits of the decision is not available, except on limited grounds.

BRIEF FACTS OF THE CASE

This case was filed by the petitioner claiming for the medical negligence of the respondents. As per the case petitioner’s wife was under the treatment of respondent no.3 for a brain tumor. Even after two operations, his wife was suffering from multiple problems relating to the brain tumor. Accordingly, on 07.05.2011, the third operation for tumor was conducted by respondent no.3. This was done without conducting a MRI scan.

The petitioner states that his wife suffered a paralysis attack just after the operation. He claims that conducting the surgical operation, without an MRI scan, amounts to medical negligence and his wife expired on 31.05.2011, while still in the hospital.

The DMC given clean chit to the respondent on the grounds of the known complications associated with surgery of such nature.

DECISION OF THE COURT

Hon’ble High Court held that the question whether there is any negligence on the part of the medical practitioner is required to be assessed by medical practitioners. Unless the petitioner is able to show that there is any flaw in the decision making process or that the decision is vitiated by any bias or malafides, no interference by this Court would be warranted.

Court further held that until the decision is so irrational and absurd that no sensible person could have take that view, judicial review is not permitted.

Read the full Judgement Here:

[embeddoc url=”http://lobis.nic.in/ddir/dhc/VIB/judgement/06-02-2019/VIB06022019CW70972013.pdf” download=”all”]