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This is an archive article published on September 28, 2002

File affidavit on erring doctors, SC tells MCI

The Supreme court today directed the Medical Council of India (MCI) to submit an affidavit, a five-point statement having a bearing on the c...

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The Supreme court today directed the Medical Council of India (MCI) to submit an affidavit, a five-point statement having a bearing on the cases of medical negligence and procedure for punishing the erring doctors, within two weeks.

A two-judge bench asked the MCI to state whether any time limit exists for the MCI to forward complaints of negligence to the state medical councils, apart from the existing procedure of removal of their names on the report of the state governments under Section 24 of the MCI Act. Also, whether the MCI has omitted registration of medical practitioners who are not registered with any of the state medical councils,

The court’s direction came on a Public Interest Litigation filed by Malay Ganguly complaining of large-scale medical negligence across the country and lack of any mechanism to deal with erring doctors. Additional Solicitor General Kirit Rawal, appearing for the MCI, told the court that he would seek instructions from his client and file the affidavit.

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ENS adds: Reacting to the SC ruling, Maj. General S. P. Jhingan (Administrator, MCI), said: ‘‘I haven’t seen the court’s order. It would be highly improper to comment on it. The only thing I can say is that the state medical councils are autonomous institutions and they act on complaints independently.’’

Dr Sanjeev Mallik (Secretary, Indian Medical Association) said: ‘‘With due respect to the court, I maintain that complaints of negligence against doctors have to be examined by a professional body before any action can be taken against them.”

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