MANISH JOSHI, MADHURAI Vs. REGISTRAR, KARNATAKA MEDICAL COUNCIL, BANGALORE

JUDGEMENT

(1.) THE case of the first petitioner is that he has obtained a Degree in M.B.B.S. and M.S., General Surgery and is presently pursuing his DNB (Surgical Gastro Enterology) Course at Meenakshi Mission Hospital, Madurai. That he is a registered Medical Practitioner enrolled in terms of the Karnataka Medical Registration Act, 1961, Bangalore, (hereinafter referred to as the "State Act ").

(2.) THE second petitioner is also a Doctor specialized in Surgical Gastroenterology and has obtained M.B.B.S., and a Post Graduation in Surgery and registered as a Medical Practitioner in terms of the Indian Medical Council Act, 1956 (hereinafter referred to as the "Central Act ").

(3.) ON 30-9-2007 the second respondent came to Vikram Hospital, Mysore with a complaint of pain in the right lower quadrant since morning and associated with sweating. He was first seen by the Casualty Medical Officer who were in the Hospital and a case history was recorded. He was advised abdominal scanning. It is the case of the petitioners that at the time of admission, the 2nd respondent along with his wife and guardian were explained in detail about the medical condition and after obtaining the consent of both the second respondent and his wife, the second petitioner decided to do an open Appendisectomy surgery which was conducted. The second respondent was discharged on 4-10-2007. It is contended by the respondent that he thereafter suffered various complications and as a consequence whereof, he was admitted to the B.M. Hospital at Mysore. He was accordingly treated and he recovered from the same. His case is that due to the gross medical negligence by the petitioners, he had suffered various complications. It is only at the D.M. Hospital, Mysore, that he was subsequently cured. Under these circumstances a complaint was filed before the District Consumer Disputes Redressal Forum, Mysore claiming compensation. The proceedings are still pending. The 2nd respondent thereafter filed a complaint before the 1st respondent, Karnataka Medical Council alleging professional negligence and accordingly sought action for the same. In pursuance whereof the impugned show cause notice has been issued to the petitioners. Aggrieved by the same, the present Petition is filed.