Indian diplomat to move court, says MCI sheilding delinquent doctors

New Delhi, Aug 9 (UNI) An Indian diplomat posted in Germany, whose wife and unborn baby died in a Andhra Pradesh hospital in 2003 due to negligence of doctors, would move the Government and the court, as he is dissatisfied with the ''light'' punishment given to the guilty by the Medical Council of India.

''The medical councils in India sheild delinquent doctors,'' said Dr K Srikar Reddy, working as Consul, Consulate General of India in Munich.

He was communicated the MCI decision on his appeal only this week, he told UNI.

The diplomat, who himself is a medical doctor by education, feels the quantum of punishment to the guilty doctors was not enough to have a deterring effect.

After his wife Srilatha Reddy, along with the undelivered baby died during labour, he had filed a complaint with the Andhra Pradesh Medical Council, which passed an order without any inquiry that there was no negligence of doctors.

Thereafter, Dr Reddy moved an appeal with the Medical Council of India (MCI), whose Ethics Committee conducted an inquiry and found the accused doctors and the hospital guilty of negligence.

It recommended that the name of Dr L Sudhakar, anesthesiologists, who is found to be guilty of professional negligence in the case, be struck off from the Indian Medical Register for a period of three months.

The Committee, however, said negligence could not be substantiated against Dr P Malathi, Gynaecologist, however, she may be cautioned to be very careful in the future in treating serious patients.

''With regard to the deficiencies of equipment and monitoring of the critically ill patients in the nursing home, the matter may be brought to the notice of DHS, Andhra Pradesh for taking necessary action under the Clinical Establishment Act," it said.

The MCI aproved the findings of the Committee, with some modifications, on March 10 and communicated the decision to Dr Reddy this week.

Though observing that it was a landmark judgement because for the first time the MCI has over turned a decision of a State Medical Council and held the accused doctors guilty, Dr Reddy feels the punishment given to anesthesiologist Dr Sudhakar, which is only three months suspension from the Medical register, is too less for the negligent act he has committed.

For the same amount of negligence, hundreds of doctors in the US or Europe lose their licence to practice for ever, he said.

Moreover, in spite of adverse findings of the experts, the gynaecologist (Dr Malathi) was let off with a warning by the Ethics Committee.

And even that warning was removed from the final decision. ''This shows the attitude of Medical councils to shield the delinquent doctors.'' he said.

''In India doctors get away without any punishment for their acts of omission and commission. The Medical Councils shield the delinquent doctors, instead of punishing them. '' said Dr Reddy.

''No doctor in the history of independent India has been permanently barred from practice. Whereas in developed countries, where there are better facilities and which have on an average doctors with better skills, every day many doctors are punished and some loose the right to practice permanently,'' he added Dr Reddy said he would file an appeal with the government/ respective court for enhancement of punishment of the gynaecologist and the anesthesiologist.

He praised the Kolkata-based organisation 'People for Better Treatment' for ''playing an important role in his battle for justice.'' In fact, his appeal may be incorporated in the PIL filed by the PBT in the Supreme Court, the organisation said.

UNI