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:


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!


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