Delhi high court prods MCI in negligence case

KOLKATA: It is a father's fight for justice. Prabhat Mukherjee, who lost his only son Suman in 2001, is still trying seeking action against the doctor who allegedly disconnected the emergency life support, which led to the death of the engineering student. Mukherjee's persistent effort to have action taken against the doctor has ultimately forced the Medical Council of India to reopen the case of medical negligence after a recent directive of the Delhi High Court. The MCI hearing will be held this week. Both Mukherjee and Dr Anindya SunderSarkar, the accused, have been asked by the MCI's ethics committee to bepresent for the hearing.Suman, a second year student of NetajiSubhas Engineering College, was hit by a bus on the Bypass on January 14, 2001,leaving him critically injured. Local residents took him to Ruby Hospital, wherehis treatment began after the locals paid Rs 2,000.The doctor hadallegedly asked them to deposit Rs 15,000 for admission to ICU. When they couldnot pay up, Dr Sarkar, the then emergency medical officer, allegedly yankedSuman off life support. It has been claimed that the doctor had also cut theoxygen supply and asked the locals to take him to a government hospital. By thetime Suman was taken to National Medical College and Hospital, he wasdead.Mukherjee had lodged complaint against Ruby Hospital formedical negligence leading to the death of his son. Even the state healthdepartment had closed down the hospital after the complaint.Mukherjee had also had filed a complaint with the national consumerdisputes redressal commission (NCDRC), which had asked Ruby to pay acompensation of Rs 10 lakh.Later, Mukherjee had moved Supreme Courtagainst the NCDRC order. The apex court had asked Ruby to pay Rs 15 lakh toMukherjee. Both SC and NCDRC had stated that critically ill patients cannot berefused treatment even if they fail to pay. "We have paid compensation as perthe directive of the court," said an official of RubyHospital.Mukherjee had repeatedly moved the West Bengal MedicalCouncil against Dr Sarkar, but the council turned down his plea. Mukherjee thenlodged a complaint with MCI, but it too turned down the appeal without givingMukherjee the option of appearing before MCI.When Mukherjee movedDelhi High Court, it set aside the MCI decision. It has asked the council tohear both parties and pass an order in threemonths.