1. Introductory Summary:

Whether the breach of “duty to take care” on the part of a medical professional would attract the provisions of Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulations, 2002 (hereinafter referred to as “Ethics Regulations, 2002”) so as to enable the aggrieved to proceed against the concerned doctor for professional misconduct before the Medical Council, is the core issue raised in this writ petition at the instance of a Surgeon, complaining that the Doctor who treated his father for cancer failed to take reasonable care, resulting in his death.

The Factual History:

2. The petitioner is a Surgeon. He took his father for treatment for cancer in Apollo Hospital, Chennai in April, 2010. The Surgeon, Anesthetist, the Medical Superintendent and the Hospital were highly negligent. The Doctor failed to take reasonable care and as a result of his negligence in treating, the cancer recurred within a year and spread to other parts of the body. It was mainly on account of “BOTCHED UP” operation and the failure to give Radiotherapy which was essential to prevent recurrence of cancer.

3. The petitioner who was temporarily away returned to India i