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DOCTORS RISK
Weekly
Year : 01
Issue: 04
Regd No.: MAHMUL03159/13/01/2013-TC
Mumbai, Date. 26 September to 02 October 2013
Editor : Dr. Arun Mishra Page: 04 Rate: 10
Bombay HC orders life sentence to Health Ministr y bars
doctor who raped patient in ICU
MCI from taking major
Mumbai, The Bombay High
Court on Saturday confirmed
the life sentence awarded to a
29-year-old doctor who was
convicted for raping a patient in
an Intensive Care Unit of a
private hospital in neighbouring
Thane this
year. A bench
of justices P. V.
Hardas and P.
N. Deshmukh
accepted the
argument of
prosecutor
Usha Kejriwal
that though the medical
evidence did not fully support
the victim's version, the act of
the doctor amounted to rape and
fell within the definition of
376(d) of IPC. The trial court
had convicted Dr. Vishal Wanne
on charges of rape of a patient
who was admitted to hospital.
Being aggrieved, he moved the
High Court in appeal which was
dismissed today. Bombay HC
orders life sentence to doctor
who raped patient in ICU The
victim was admitted to general
ward of Lotus hospital on
January 28, 2013 after she
complained of
giddiness. She
was under the
care of Dr.
Tadvi.
The
accused was the
Resident
Medical Officer
on night duty at
the hospital. He shifted the
patient to ICU after informing
Dr Tadvi that her condition had
deteriorated. The victim was
administered an injection which
made her drowsy. In the ICU,
there were three beds which
were segregated and covered
separately by curtains.
(Cont..On Page 2)
policy decisions
New Delhi, The Centre has directed Medical
Council of India not to take any policy decisions
or hold important meetings in the wake of an
ordinance granting legality to its
board of governors lapsing.
The May 21 Ordinance
issued by the President to
extend the term of MCI board
of governors until November 10
lapsed after the Health Ministry
failed to get it replaced with an
act. Under the rules, the
ordinance lapses if Parliament
does not pass the bill replacing
the ordinance within six weeks
of the first sitting since it was promulgated. The
first sitting in the case of MCI ordinance was
August 5 which was the first day of the
Monsoon Session.
Though Health Minister Ghulam Nabi Azad
introduced The Indian Medical Council
Medico
Legal News
Dr. Arun Mishra
SC absolves oncologist of
'criminal negligence'
was charged with, was not gross,
nor high, as is required under the
criminal law to hold him guilty.
At best, it could attract a civil
case for damages. "The doctor's
omission in not rendering
complete legally owed duty to
patient... was not the cause of the
patient's death which was
undoubtedly because of the acute
cancer condition. In such a
scenario, it is enough to keep off
the clutches of criminal law.
"Criminal liability is attracted
"only if there is intention to cause
harm to others or deliberately
subject others to risk of harm,"
the SC said adding there has to
be "clear distinction between
negligence and recklessness and
to reserve criminal punishment
for the latter."
Former IAS officer P C Singhi
(86), launched the legal battle
after losing his wife Leela in
1989, who was admitted to
Bombay Hospital under Dr
Desai's name. A surgical
procedure on her by Dr Desai's
assistant, Dr A K Mukherjee, was
aborted in December 1987,
almost soon after it began, as it
was unsuitable to her condition.
Singhi (Cont..On Page 2)
100 children get gift of hearing at KEM
with cochlear implants from charity
MUMBAI, Three-year-old
Taranjit Khullar looks around
with a dimpled smile and wonder
in his eyes. He finds the gathering
exciting and claps in delight.
While other children of his age
say nursery rhymes at top speed,
Taranjit only makes odd sounds.
That is because till four months
ago, he was deaf.
By the time his parents
realized this, he had turned two.
"We went from pillar to post, but
just could not find any cure. A
cochlear implant was the only
way out. But it was an expensive
option," said Sandeep, Taranjit's
father. The Nagpur-based family
then went to the civic-run KEM
Hospital, Parel, where they met
charitable organizations that
provided funding for the device.
Taranjit is one of 100 children
to have received the expensive
implant at KEM in the last five
DRAD16
DRAD17
DRAD15
MUMBAI, The Supreme
Court on Friday quashed the
conviction of noted oncologist Dr
Praful B Desai in a 1989 case of
medical negligence, after a nearly
26-year-old legal battle. An SC
bench of Justices A K Patnaik and
A K Sikri held the doctor was in
no way the cause for a cancer
patient's death, for which the trial
court had convicted him. It also
set aside sessions court and
Bombay HC orders upholding
the conviction.
The SC also held Dr Desai
(80), attracted "no criminal
liability" and the negligence he
(Amendment) Bill, 2013 in the Rajya Sabha, it
could not be passed.
Following the expiry of the deadline of six
weeks, the Ministry of Health
and Family Welfare in a letter
to the MCI, barred its board of
governors from taking any
policy decisions in respect of
medical education and hold its
meetings till further orders.
The Ministry will now repromulgate the MCI BOG
Ordinance and has moved the
Union Cabinet in this regard,
which may take up the new
ordinance in its meeting tomorrow.
Though the MCI is functional till November
10 it technically has no legal authority in the
absence of an effective ordinance to take any
decisions.
(Cont..On Page 2)
years; KEM is the only public
hospital to have achieved the
feat. In the private sector,
Hinduja Hospital has been at the
forefront as far as cochlear
implants are concerned.
Soon, 50 more children with
hearing impairment will receive
complete funding from the charity
commission to get cochlear
implants in KEM Hospital. Chief
minister Prithviraj Chavan's wife
Satvashila
made
an
announcement on Monday for the
immediate release of 50 such
instruments.
Dr. Hetal Marfatia Patel,
associate professor at KEM's
ENT department, said, "A child's
brain is at its learning best below
the age of two. It is thus better if
a child is diagnosed correctly for
deafness and treated at the right
time, so that she or he gets an
equal opportunity to learn."
Weekly
DOCT
ORS RISK
DOCTORS
Patients
Medicines
Mumbai, Date. 26 September to 02 October 2013
Hospitals
Editorial
Why 'Doctors Risk'
News Is Important?
SERVICE TO MANKIND IS SERVICE TO GOD” is our
genuine thinking. Doctors Risk Medico - Legal Services & Om
Publication has collaborated with each other with a very common
intention of Training creating Awareness in medical law with
intention of bringing unity amongst the doctors.
As Doctors are very busy their own practice. Doctors Risk
News Paper will give only that news which is very important for
Doctors in their day - To-day practice
Why Doctors Risk Medico Legal Services is Important?
We all are mortal beings. It is important to understand that
doctors can never predict the future of any patient as the dynamic
human body does not obey the linear laws of deterministic
predictability. No doctor deliberately harms a patient but in a
fast moving life and world where (money) factor has taken
prominence over many other important needs, the society has
become materialistic, with corruption, extortion, harassment, etc.
Leading the way isn’t the doctor are also a part of this society?
With the enforcement of the Consumer Protection and Criminal
laws, today doctor have become vulnerable to be sued for anything
and everything. Negligence or accident does not happen daily in
one’s profession or life but one accidental death can prove fatal.
Hi-tech cancer hospital
comes up in Aizawl
Mizoram, Equipped with the state-of-the art equipment and
manned by highly qualified and dedicated oncologists, Mizoram
State Cancer Institute (MSCI) is all set to become one of the
destinations of cancer patients from across the country.
The rise in number of cancer cases in Mizoram over the years
has been extremely disturbing. In fact, the reason behind this rise
in number of cancer cases in this tiny hill state is apparently due to
extensive use tobacco and tobacco products by the people here.
Over the years, the state government and individuals alike have
spent huge amount of money on treatment of cancer as most the
cancer patients had to be taken to centres like Mumbai, Delhi,
Vellore, Kolkata, Guwahati and other metros as there is neither
cancer treatment equipment nor qualified doctors to treat cancer
patients in Mizoram. With the setting up of the MSCI and
procurement of sophisticated equipment - (Cont..On Page 4)
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Mr. Sagar (Co-ordinator)
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Path.Lab.
2
Chemist
Bandra government colony
emerges as dengue den
MUMBAI, The government
colony in Bandra (east) has
emerged as a hotbed for dengue
with dozens of suspected cases
being detected in the last three
weeks. A 16-year-old boy
from the adjoining area
died of dengue on Friday
after battling the viral
infection for almost a
week.
Officials from BMC
insecticide department,
who searched the area for
dengue breeding spots,
found prominent ones in
the victim's building
itself. Incidentally, vector
control measures were carried
out in the building a fortnight
ago. Insecticide officer Rajan
Naringrekar confirmed that
breeding spots of dengue-causing
aedes egypti mosquito were
found in abundance in Bandra
(East), including the victim's
residence.
"The government colony in
Bandra (east) is a cluster of many
old residential buildings. Most of
these buildings face the problem
of leakage during monsoon and
cover their roofs with tarpaulin
sheets, which become breeding
grounds if not cleaned on a
regular basis," said Naringrekar.
He added that the boy used to live
on the second floor and the
dengue breeding spot was just
two storeys above.
Five dengue deaths, all post
monsoon, have given rise to
concerns about the disease taking
epidemic proportions in the city.
As it is, the western suburb has
been the worst affected this year
with two back-to-back deaths
from Goregaon, and one
suspected death from Malwani.
Bandra, however, has witnessed
a spurt only in the past few
weeks.
For instance, doctors from the
Bandra East Nursing Home told
TOI that 29 patients have tested
positive for dengue in the past 20
days. "Even now we have two
patients admitted in the nursing
home while several are getting
treated in the OPD," said a
representative from the
hospital. The Gurunanak
Hospital is treating at least
a couple of cases
everyday, while only those
with a dipping platelet
count are admitted. It has
treated over 15 cases in the
past three weeks.
After January, when 94
cases were reported in the
city, September could
witness the highest dengue
cases with 74 already detected so
far. City doctors say it is time to
treat dengue with utmost
precision. "Dengue has to be
treated with rationale and
judicious diagnosis," said Dr
Hemant Thacker, consultant
physician, Breach Candy
Hospital.
"It is a viral infection, and
patients need not be flooded with
antibiotics or platelets. Doctors
should correlate a patient's report
with his condition and only then
think of platelet transfusion," he
said.
From Page 1...
Health
bar
s...
bars
Ministr y
The new Indian Medical Council (Amendment)
Bill, 2013 seeks to empower the government to
give directions to MCI on key policy matters and
reducing the tenure of its president to four years.
The bill also allows only two such consecutive
terms to the president. Earlier, the MCI president
could have a five-year tenure and there was no
limit on the number of terms.
Bombay HC orders...
Dr. Wanne drew the curtains and slept on the
victim's bed. He then raped her. Although the
victim realised what was going on, she could not
resist because of the effect of the injection. Before
committing the crme, he asked the nurse in the
ICU to go out and take some rest. He also told the
victim's husband to take a nap as the patient was
under his care. When the victim informed her
husband of what had happened in the night, they
lodged a police complaint and the doctor was
arrested. He took the defence that the act could
not be termed as "rape". However, the prosecutor
cited judgements to show that even slightest
penetration would be termed as "rape" and that
this act fell within the definition of 376(d) IPC
which was punishable with life imprisonment. The
defence of the accused was that the medical
evidence indicated that there were no injuries of
rape found on the victim. However, the prosecutor
argued that act amounted to rape, which was
accepted by the court.
SC absolves oncologist...
accused Dr. Desai of endangering his wife's life.
His case was Dr. Desai ignored opinions of two
US doctors and advised surgery, which left her in
much pain. The court tried the doctor under section
338 of the IPC, which attracts a maximum of two
years' imprisonment. It was the first case in which
the statement of a witness was recorded via
videoconferencing at the VSNL office in Mumbai.
State counsel B. H. Marlapalle referred to a
February 1991 order of the Maharashtra Medical
Council which held Dr. Desai guilty of misconduct.
Advocate Colin Gonsalves, counsel for Singhi,
said the trial court verdict was justified given the
facts of the case as Dr. Desai was the senior doctor
and he advised the exploratory laparatomy on the
patient. The SC held two experts could differ in
their decision to operate, but said "when such a
decisional shift is taken by a doctor against the
line of renowned doctor who earlier treated the
patient, that doctor must exercise required personal
attention to the patient during the operation.''
The trial court, before delivering the final
guilty verdict against Dr. Desai, however
acquitted co-accused Dr. A. K. Mukherjee, after
the state said it had no case against him, a fact
which weighed with the SC. "The negligent
conduct in the nature of omission by Dr. Desai is
not so gross as to entail criminal liability," the
SC said. It accepted Harish Salve's submissions
that difference of opinion with a US doctor did
not amount to negligence.
Significantly, the SC did not accept Dr. Desai's
contention that she was never his patient, but of
Dr. Mukherjee. Dr. Desai said it was a hospital
policy at that time to admit patients under the
names of senior doctors, but the SC held Leela
Singhi to be his patient.
Weekly
DOCT
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Weekly
DOCT
ORS RISK
DOCTORS
Mumbai, Date. 26 September to 02 October 2013
GP FORCED TO ISSUE DC ›
From Page 2 ...
Hi-tech cancer
hospital...
both for diagnosis and
treatment - sending most cancer
patients to other hospitals across
the country may soon become a
thing of the past.
MSCI
director
K
Lalbiakzuala said they have
recently procured Big bore CT
Scanner with simulator from
Phillips, Holland, which has been
installed at the MSCI in Aizawl.
Lalbiakzuala said this
advanced technology will be
used to increase the accuracy of
radiation therapy on the cancer
cells, while avoiding destruction
of healthy tissues surrounding the
cancer in patients. This besides,
he said it can be used as a
diagnostic equipment like any
other CT Scanner.
Another equipment newly
installed at MSCI is the Fully
Automated Blood Cell Separator.
This equipment, which is made
in Germany, is the only one of
its kind to be installed in the
northeast.
Dr Jeremy L Pautu, the
insitute's head of the medical
oncology department, said the
equipment can separate blood
platelets, plasma, white blood
cells and stem cells and provide
the exact requirement of the
patient while returning the rest to
the donor.
"The blood component
extracted from one donor by this
Blood Cell Separator is
equivalent to that from six donors
without the equipment," Dr Pautu
said adding that the donor could
donate blood again within three
days while in a normal blood
donation a donor has to wait for
at least three months to donate
blood again.
The other two newly procured
equipment included Tissue
Processor with Vacuum Function
and
Fully
Motorized
Microtome". The two equipment
would help in early and accurate
diagnosis of cancer, vital for
accurate treatment of the patients,
Dr Pautu said.
"We already have patients
being treated at the MSCI from
neighbouring states," said Dr
Lalbiakzuala. He expressed
optimism that the MSCI would
soon become a hub for cancer
patients where a large number of
people would be cured of the
dreaded disease.
Sources said the MSCI is
being invited to work together
with a number of agencies, both
DRAD18
Help Line No. 9323446163
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in the country and abroad. These
include the Indian Council of
Medical Research (ICMR),
European Society for Medical
Encology-Emerging Countries
Committee (ESMO-ECC), the
JIV DAYA Foundation, USA,
Advance Centre for Treatment,
Research and Education on
Cancer (ACTREC) of Tata
Memorial Centre Mumbai,
Indian Association for Cancer
Research (IACR), National
Cancer Grid (NCG) and the
International Association for
Hospice and Palliative Care
(IAHPC) etc.
Lalbiakzuala said Mizoram
health minister Lalrinliana Sailo
has played a pivotal role behind
setting up the MSCI by declaring
full-scale war against cancer and
AIDS.
Phone No. 022-66224000
Property for sale
3BHK. Flat at Chembur (E)
15th Road Chembur
Mumbai-400 071. Carpet
Area 1256sq.ft. Super Built
up Area 1880sq.ft.
Contact:- Milind Mathure
Mob :- 9594052411
Aprox: 3.30cr
DRAD19
Mumbai, An unknown person died in
revealed the name of the Gynecologist who
Goregaon slum locality. Around 2.30 pm, local
performed MTP. A notice was sent to the
politicians called a General Practitioner
GOREGAON Gynecologist by the Police asking for
to issue DC, which was denied as per
original documents of the female.
MUMBAI
DRMLS guidance. Later, local
However, no documents were
municipal councilor with some
found with the Gynecologist as
workers approached the Doctor and
the name of the female mentioned
compelled him to give DC, which
by Police did not match with any
the Doctor did, by saying that he
of the patients handled by the
will take all the responsibilities in
Gynecologist. The Gynecologist
case anything goes wrong. Next
consulted an Advocate, who
morning, the Doctor again called
advised to submit the documents
DRMLS and narrated the story,
pertaining to a patient who had
with fear of what would happen. He
come to the Gynecologist for
was given total guidance and there
MTP with a fictitious name.
is no development after that.
However, the Gynecologist also
The related case attracts
consulted Doctors Risk. Doctors
Adv.
Dr.
Arun
Mishra
Sections 197, 201 & 34 of IPC
Risk strongly advised the
against the Doctor, in case the death had
Gynecologist not to submit any documents
turned out to be unnatural one.
pertaining to anybody whatsoever unless the
* POLICE ASKS DOCTOR TO SUBMIT
name matches with the notice issued by the
DOCUMENTS IN MTP-RELATED CASE
Police, which was followed by the Gynecologist.
A Gynecologist was approached by an
Thereafter, the Police sent another notice with
unmarried couple. The female was found to be
both the names and asked the Doctor to submit
pregnant. The couple requested the Doctor to
report. The Doctor again contacted DRMLS for
perform MTP, which was done. Later, the
legal guidance, which was promptly given. The
boyfriend of the female refused to marry her. The
matter is sub-judice.
female then lodged complaint against the
The related case attracts following IPC
boyfriend, who was booked u/Sec. 376 of I.P.C.
Sections and various sections of Atrocities Act:
and under Atrocities Act and arrested. The
Against the Doctor : IPC Section 201
female, in her statement to the Police, had also
Against the boyfriend : Section 376
4
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