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by Admin
07 May 2024 2:49 AM
In a significant ruling on medical ethics, the High Court of Delhi, on October 19, 2023, upheld the authority of the Medical Council to impose penalties on doctors beyond the removal of their names from the Medical Council rolls. The judgment came in response to a petition challenging a warning issued by the Medical Council of India to two doctors.
The court, in its observation, noted, “It cannot be said that for the misconduct prescribed in Regulation 7.7 of the Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulations, 2002, the only penalty that can be levied is one of removal from the rolls.” This ruling clarifies that the Medical Council possesses the discretion to impose a range of penalties on doctors found guilty of professional misconduct.
The case involved a complaint against Dr. Arti Lalchandani and Dr. Ravi Kumar for issuing a certificate without conducting a patient examination. The UP State Medical Council had initially warned the doctors not to issue such certificates without examination, a decision challenged by the complainant before the Medical Council of India.
The court’s decision also cited relevant legal precedents, including the interpretation of the term “liable” in statutes. It emphasized that the word “liable” does not convey an absolute obligation but rather a possibility of attracting liability.
This ruling reaffirms the Medical Council’s authority to take disciplinary actions against doctors who breach professional conduct standards, including but not limited to removal from the Medical Council rolls. The court’s judgment sets an important precedent in the realm of medical ethics and professional accountability.
Date of Decision: 19 October 2023
NEENA RAIZADA vs MEDICAL COUNCIL OF INDIA THROUGH ITS SECRETARY & ORS.
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