According to data gathered from MCI, complaints about medical
negligence have seen a steady rise. In 2005, only 54 cases were registered
which rose to 142 in 2014.
Also, the rate of disposal of cases has suffered a decline.
In 2014, the council did not dispose of a single case whereas in 2013, out of a
total of 107 cases registered, only 13 were decided upon.
So far, out of a total of 746 cases registered with the MCI,
595 cases are still pending. What’s more, there are medical negligence cases
pending for more than 10 years, waiting for justice. Of the total 151 cases
disposed of in the past 10 years, only three doctors have been punished. Dr
Sandeep Jain and Dr Anil Pinto were punished by cancelling their registrations
for a period of six months.
In the case of Dr Dhore Shrihari Abaji Patil, he was
suspended for a mere three months. A 97-year-old Mumbai resident fought for
more than a decade to get justice in a case of medical negligence against Dr
Pinto that led to the death of his son. When The Asian Age met a few victims of
medical negligence, most of them complained of bureaucratic apathy as the main
cause of delay in disposing of such cases.
One Shreya Nimonkar said, “I have been fighting for five
years to get justice. Once, when I went to submit my letter to MCI, they told
me my case has been closed.
“They had not bothered to inform me in advance. They
intentionally didn’t send me the letter so I got delayed in filing a complaint
to the higher authority within the time frame of 90 days.”
A higher officer from MCI on condition of anonymity said, “In
80 per cent of the cases, due to lack of evidence, we can’t reach any solution.
Medical negligence is a tricky subject that a common person fails to
understand. This leads to many misunderstandings. So, we have to cross check
all the claims and complaints of patients, as well as hear the doctors’ side.”
Patients said there was need for a forum where medical
negligence victims could demand their rights. “During the hearing of cases,
patients across the state are summoned in the morning.
“Then, the group of doctors starts eating their breakfast
which ends after two hours. Finally, patients are summoned where the doctors
hear their complaints. They don’t even ask any questions or introspect. It is
just a show-off programme,” said Chandrakant Kulkarni, a patient.
When Shreya Nimonkar, a 43-year-old working mother was
suffering from irregular period, a gynaecologist asked her to remove her
uterus. During the operation, her kidneys were botched up. After a few months,
her body started swelling up and it was discovered both her kidneys had failed.
Shreya and Chandrakant have started a forum named ‘Forum for patients’ right
for medical negligence'.
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