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2019 Supreme(Del) 677

VIBHU BAKHRU
Prem Kishore – Appellant
Versus
Union of India – Respondent


Advocates:
Advocate Appeared:
Sunil Mittal, Dhruv Grover, Ashwarya Anand, Anil Soni, Abhinav Tyagi, Anand V Khatri, H. Sharma, T. Singhdev, Tarun Verma, Amandeep Kaur, Puja Sarkar, Bhakthansangi Das, Praveen Khattar, Subhash Kumar, Adv.

JUDGMENT :

Vibhu Bakhru, J.

The petitioner has filed the present petition, inter alia, impugning on order dated 01.06.2016 passed by the Delhi Medical Council (DMC) confirming the observations of the Disciplinary Committee of DMC that there was error of judgment in the treatment of the petitioner’s wife (since deceased) but rejecting the recommendation that the name of respondent no.5 be removed from the Medical Register maintained by DMC. The petitioner also impugns the order dated 11.07.2017 passed by the Medical Council of India (MCI), upholding the decision of MCI on the recommendations of the Ethics Committee.

2. On 04.09.2013, the wife of the petitioner, Smt. Urmila Devi (hereafter “the patient”), underwent “Robotic Ureterolysis”, a surgery performed for removing the fibroid in the ureter. The said surgery was performed by respondent no. 5 to 9 (hereafter “the concerned doctors”) in respondent no.10 hospital (Shri Ganga Ram Hospital hereafter “the respondent hospital”). The petitioner claims that while operating the patient, respondent no.5 erroneously cut the external iliac artery and instead of addressing the same immediately, the concerned doctors put the haemoclips & suture





















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