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MCI directed to disclose names of doctors found guilty of medical negligence

New Delhi: The Medical Council of India (MCI) has been directed by the Central Information Commission (CIC) to disclose names of doctors found guilty of medical negligence or misconduct since January 2011 on its website by May 30, 2012 and update the information regularly every month.

Shailesh Gandhi

“It is necessary that information about names of doctors who are found guilty by the Ethics Committee of Medical Negligence / Misconduct are displayed on the website of the Medical Council of India and when the punishment is decided the quantum of punishment should also be displayed,” said information commissioner Shailesh Gandhi on Wednesday.

The order was in response to an application by S P Mancharida who had sought information related to the MCI decision holding four doctors from Max Hospital Pitampura guilt of medical negligence. The decision was taken on March 8, 2011. A year later no decision had been taken on the quantum of punishment nor information given on the reason for delay or status of the case.

In his order Gandhi said, “The Ethics Committee of MCI has reportedly found 4 doctors guilty but is now delaying awarding any punishment since past 14 months. The complete collapse of mechanisms to punish people who have been found guilty is extremely damaging for society and denies victims a sense of justice being done.” [Source: ToI]

Read the full order

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2 Comments

  1. Dr. Ramesh Vardhan Dr. Ramesh Vardhan Saturday, May 12, 2012

    straight forward question to mci . do you allow \grant permission for
    1) resident doctors to practice
    2) can they stay out side medical college campus.
    3 )can they post \ admit their personal cases in medical college hospital with out orders of concerned unit heads.
    4) can they give disability certificates with out knowledge\ permission \ counter sign of the unit heads?
    5 )can they give evidence in the court ?
    6) can they stay back at home during the duty hours ?
    7) can they ask for the ambulance to attend duties in the night?
    can they avoid writing the proper case report ?
    9) can they be promoted without the permission of hod.
    can we get the answers for the above and delay is deny.
    there are no set norms for the duties according to mci for the residents,assistant professors etc and even if they exist they are not being given to hods in spite of repeated requests probably because of vested intentions and personal gains by the college administration.
    there is nobody to approach in order to report wrongdoings .all the telephone/mobile numbers in the mci website are never reachable and emails sent are never replied to presumably with no action being taken against our complaints.
    what are the rewards for the good citizens? at least knowing our plea has been heard and not gone on deaf ears is required. in such cases what are the higher authorities to approach?

  2. Dr. M C Gupta, Advocate Dr. M C Gupta, Advocate Saturday, May 12, 2012

    This is nothing unusual. The MCI needs to improve its functioning. In case of a client of mine, the MCI gave a decision against the doctor after 7 years and during this period, I had to go twice to the High Court requesting it to direct the MCI to give its decision. At one stage the MCI even said that the file was not traceable. The fact is that the MCI wanted to protect the doctor.

    On the other hand, I know of cases where the MCI has punished doctors even without asking them to submit their reply to the complaint made by a patient.

    I also know of a case where the MCI gave sequentially 4 different decisions in the same case, revising its own stand each time–First it cancelled licence for 4 weeks; Then, 1 week; then, a mere warning; and then, on a review petition being filed by me, acquitted the doctor.

    Another client doctor of mine filed at the MCI office, 2-3 years ago, an appeal along with a DD for Rs. 10,000/- towards the requisite fee. He has yet to hear from the MCI.

    As regards publishing the names of the delinquent doctors on the MCI web site, this need not have been told by the CIC to MCI. This is very much a requirement on the part of the MCI in terms of the 2002 Regulations. Regulation 8.8 is reproduced below:

    “8.2 It is made clear that any complaint with regard to professional misconduct can be brought before the appropriate Medical Council for Disciplinary action. Upon receipt of any complaint of professional misconduct, the appropriate Medical Council would hold an enquiry and give opportunity to the registered medical practitioner to be heard in person or by pleader. If the medical practitioner is found to be guilty of committing professional misconduct, the appropriate Medical Council may award such punishment as deemed necessary or may direct the removal altogether or for a specified period, from the register of the name of the delinquent registered practitioner. Deletion from the Register shall be widely publicized in local press as well as in the publications of different Medical Associations/ Societies/Bodies.”

    –M C Gupta

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