Engaging a MBBS Doctor with no PG Degree, costed Rs. 10 lakh, to a Renowned Hospital in Pune

A MBBS Doctor working as an Anesthetist over the period of 40 years, but having no PG Degree in Anesthesia was regarded as utter disregard to the rules, regulations and the rulings by the Hon’ble Apex Court and was held liable for medical Negligence..
The State Consumer Commission of Maharashtra recently gave a verdict in the case of Mr.Hanumant Mukinda Alkute & anr. V/s. Grant Medical Foundation Ruby Hall Clinic & ors.

Facts in short :

Allegations of the Complainants
1. The 5 year old baby of the Parents – Complainants was admitted to the Hospital for removal of Kidney stones. The well known Urosurgeon Dr. Balwant Singh Ratta carried out the operation, with the help of Dr.Rusi Nariman Marolia, who claimed to be a qualified Anesthetist.
2. It was decided to conduct operation on left kidney, but the surgeon without taking consent of the parents also operated on Right kidney, there was no emergent medical condition The consent was taken on Blank forms. The Anesthetist Dr. Marolia was not qualified to administer anesthesia, who failed to prevent unexplained cardiac arrest during the effect of anesthesia. Unfortunately the Baby took her last breath on 3rd day and hence the Complaint for Rs.95.50 lakh was filed.

Engaging a MBBS Doctor with no PG Degree, costed Rs. 10 lakh, to a Renowned Hospital in Pune

Defense of Doctors in Short :
1. The Doctors and the Hospital denied all the charges of Negligence.
2.Relying on the Hospital notes, it was cotnended that after obtaining consent of the parents to operate bilaterally for removal of stones by adhering to midline incision to approach both the kidneys and the bladder at the same time.
3. The Consent was valid informed consent and not taken on blank forms.


Engaging a MBBS Doctor with no PG Degree, costed Rs. 10 lakh, to a Renowned Hospital in Pune
Held :
1. The Commission was dealing with mainly 3 issues regarding Negligence of UroSurgeon, Proper Consent and qualification of Anesthetist.
2. It came on record that the patient @ age of 2.5 years was operated for kidney stones. But the decision of the operating surgeon has to be taken as ultimate since he handled the patient only after certifying that the patient was fit for surgery. Thus the Commission dropped the charges of negligence against the Urosuregon and did not accept the recommendations of the expert committee.
3.It was also found that the consent was duly recorded and signed by both the parents of the deceased child.
4. The Anesthetist completed his MBBS from Pune University and since 1975 he was working as an Anesthetist.
It relied on the judgment of Apex Court in the case of Poonam Verma V/s. Dr.Ashwini Patel reported in [1997] 1 BomCR(Cons) 14, “A person who does not have knowledge of a particular system of medicine but practices in that system is a quack and a mere pretender to medical knowledge or skill, or to put it differently, a charlatan.
” But we are of the positive opinion that respondent 1, having practiced in Allopathy, without being qualified in that system, was guilty of negligence per se……”
5. The Commission has directed IMC and MMC to take action against said unqualified Anesthetist and also severely reprimanded the Hospital for employing such unqualified Drs, which amounts to jeopardizing lives of patients.. .
6. Ultimately the Hospital and Dr. Marolia jointly and severally held liable to pay Rs.10 lakh + , to the complainants.
This is a very important judgment. The Patients are not aware about the qualification of the Doctors. The Doctors and the Hospital have to learn a lesson from this judgment. Had the patient survived, the question of qualification might not have been raised. This reminds me an earlier judgment of National Commission which held that MD Medicine Doctor cannot be a Cardiologist,, Do we require a clear law on this ? What MBBS Dr. Can practice and more particularly, what he/she cannot is required to be put in black & white. . Apex Body of Drs. to ponder over it..

Engaging a MBBS Doctor with no PG Degree, costed Rs. 10 lakh, to a Renowned Hospital in Pune
An artcile by Adv. Rohit Erande, Pune.

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