Gandhi Hospital officials held for accepting Rs. 4-lakh bribe

 

Mahatma Gandhi Memorial Hospital officials held for accepting Rs. 4-lakh bribe

 

Monday 5, July 2016

A Complainant had approached the National Consumer Commission in New Delhi with grievances against the Mahatma Gandhi Memorial Hospital in Parel, Mumbai and the Commission had ordered the hospital to pay him compensation.

Gajanan Bhagat (48) the medical superintendent and Kishore Wagh (42) medical records librarian allegedly demanded Rs. 4 lakhs from the Complainant to sanction the payment, and asked him to hand over the money to a middleman Sandesh Kamble, after which he approached the ACB.

As the complainant could only come up with Rs. 1 lakh in cash, the ACB hid fake currency notes amid real ones to give the impression that the full bribe amount was being paid to the accused.

 “The complainant had several conversations with the accused after we initiated inquiries, and in all these conversations, the accused refused to lower the bribe money and were unwilling to accept it in instalments. The complainant was able to come up with Rs. 1 lakh in cash. So, we hid toy currency notes used in board games amid real ones to give the impression that the full amount was being paid when we laid a trap,” said an ACB officer.

The Mumbai unit of the Maharashtra Anti-Corruption Bureau laid a trap and the arrested all three while accepting the money.

They have been charged under the Prevention of Corruption Act. Searches are currently under way at the offices and residences of Bhagat and Wagh.

Medical Negligence – Complaint to the State Medical Council


It is commonly believed that the State Medical Councils do not take any action against errant doctors for Medical Negligence because they belong to the same profession.

The fact is that State Medical Councils do take disciplinary action. But like all legal processes, the procedure is a little complicated and time consuming. Of course, this relief is in addition to claiming compensation under the Consumer Protection Act.

I am reproducing the following news item:

Mumbai:

The case dates back to three and a half years ago when  Chandrakant Kulkarni came to Dr Nitin Rathane, a surgeon at  Sushrusha Hospital in Mulund. The doctor  told Kulkarni that he had colon cancer and needed urgent surgery. Kulkarni was operated at  Sushrusha Hospital, where he developed complications.

Kulkarni  was immediately transferred to Fortis Hospital. The diagnostic reports later showed that he didn’t have cancer, hence forming the base of the medical negligence case. In April, 2015, Kulkarni filed a complaint with the Maharashtra Medical Council  for removal of  a portion of his intestine without complete medical investigations.

The Executive Council of the the Maharashtra Medical Council fixed two hearings  –  on October 12, 2015 and December 18, 2015. However, Dr Nitin Rathane did not appear in either of the hearings.

On February 3, 2016, Maharashtra Medical Council issued a charge sheet against Dr Nitin Rathane  giving the doctor 10 days time to file a response to Kulkarni’s accusations. However, the doctor still did not file any response, and the Maharashtra Medical Council has now announced Dr Nitin Rathane’s temporary suspension during the pendency of the case.

Dr Nitin Rathane later told a reporter that “My lawyer had sent my response to the Maharashtra Medical Council. In fact, I was getting ready to face the trial but suddenly, I received the letter on Thursday. I don’t know how the Maharashtra Medical Council didn’t receive my response,” .

Let us see how things progress!

 

Dr Sitesh Roy – a cheat and fraud

 

Dr Sitesh Roy of Mumbai  professes to be a highly qualified doctor. I have already filed a Complaint against him with the Maharashtra Medical Council.

But if you go through his degrees, you will find that of all his degrees, only one of his degrees – the MBBS – is recognized in India.

If you go to him, you will be carried away by his smooth glib talk – the hall mark of a fraudster. And amongst his experts are Reiki Grandmaster, Master of Kayakalp, and Face Reader. A concoction to cheat patients !

 

NDr. Hemangi Hadkar

Dr. Hadkar has a varied experience in the holistic healthcare field as a Reiki Grandmaster, Naturopath, Siddha Sanjeevani Expert, Beauty and Anti-aging, Socio-Spiritual Lifestyle counselor, Holistic Healer, DIVINE DIET DESIGNER and Nutrition Coach.

She is one of his primary Holistic Diet Counselors.

 

NDr. Mridula Nair

Dr. Nair is a Master of Kayakalp & Sanjeevani Siddha Chiktasa, Practitioner of Alternative Medicine, Herbal & Home remedies, Aura Healer, Prayer Healer, Traditional Nadi Parikshak, DIVINE DIET DESIGNER and Hair Care Expert,

She is one of his primary Holistic Diet Counselors.

 

Dr. Zarana Doshi

Dr. Doshi has been practising for the last nineteen years nationally and for more than ten years Internationally.

She is a Face Reader, Medical Astrologer, Aura Specialist, Dream Analyst, Motivator, Weight Loss Specialist, & Energy Enhancement and Stress Management expert. She is also an experienced and well-renowned counselor in the areas of relationships, marriage, business, finance, career, senior citizens and parenting.

She is one of his primary so called experts.

The above information is available at the following site:

http://drsiteshroy.com/#/our-experts/458776390

Medical Negligence – Specialist

Extracts from a decision dated 7 May 2013, in the case of Goyal Hospital & Research Centre Pvt. Ltd., Jodhpur & ors, V/s. Kishan Shukla (R.P. No.4023/2011), in which the National Consumer Commission held a doctor liable for Medical Negligence and  held that a doctor must have valid and recognized specialised qualification.  It held that a Doctor should be qualified in the field he professes to practice:

As per Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulations 2002 dated 11th March, 2001, the duties and responsibilities of the physician have been notified.

Clause-B Sub-clause 1.1.3 states as under:

“ No person other than a doctor having qualification recognized by Medical Council of India and registered with Medical Council Of India/State Medical Council(s) is allowed to practice Modern System of Medicine or Surgery.”

Similarly, Clause B-1.2.1 states as under:

“ the physician should practice methods healing founded on scientific basis and should not associate professionally with anyone who violates this principle.” 

 Even otherwise, undergoing several trainings, attending workshops in Cardiology did not confer qualification of cardiologist. Hence it is not recognized by MCI or Rajasthan State Medical Council.

“I may now refer the Law on the points relevant to this case, as laid down by Hon’ble Apex court as what constitutes Medical Negligence?  The judgment of Hon’ble Supreme Court in Malay Kumar Ganguly Vs Dr. Sukumar Mukharjee & ors, (2009) SSC 221,III (2009) CPJ 17(SC); wherein it has been observed as follows:

“Even the matter of determining deficiency in medical service, it is now well settled that if representation is made by a doctor that he is a specialist and ultimately turns out that he is not, deficiency in medical services would be presumed.”


Further the Hon’ble Supreme Court in Jacob Mathew V State of Punjab & Anr, (2005) 6 SSC 1= III (2005) CPJ 9 (SC) had concluded that,

“  a professional may be held liable on one of two findings : either he was not possessed of requisite skill which he professed to have possessed, or, he did not exercise reasonable competence in given case, the skill which he did possess.”


The full decision is available at the following site:

http://164.100.72.12/ncdrcrep/judgement/00130508153736415RP402311.htm

Medical Negligence – New platform for aggrieved persons.

A few aggrieved persons file complaints involving medical negligence before the Consumer Forums and even before the state Medical Councils.

The Medical Councils are slower than snails……..and things hardly move there.

In a novel approach, the National Human Rights Commission and the non profit Jan Swasthya Abhiyan (JSA) have started entertaining such complaints and holding public hearings.

The first public hearings in Mumbai will take place in the Tata Institute of Social Sciences, Deonar on 18 and 19 November 2015.

Aggrieved persons  can send their complaint to the following:

email:  jsamumbai@gmail.com

Phone Nos.  9820749204 / 9820639762

Jan Arogya Abhiyan
Post Box No 1931
Ex-Officers Colony Post Office,
Kothrud, Pune 411038