Tamil Nadu Medical Council ...Petitioner Versus Dr. Easwaran Dnb Frcs and Indian Medical Council ...Respondents

Facts Of The Case
Dr. Easwaran Dnb Frcs, the 1st respondent is surgeon. His father was admitted to Apollo Hospital, Chennai for the treatment of cancer. The doctors failed to take due care of his father and the Radiotherapy which was essential was not provided by the hospital due to which cancer spread to other parts of the body. After some days, he got his father to another hospital where he gets Radiotherapy, but cancer was spread in different parts of the body and he passed away.

The 1st respondent was assured that his father's death was due absolute negligence and breach of duty of care. For varies violations of (Professional Conduct, Etiquette and Ethics) Regulations, 2002, he complaint before the Tamil Nadu Medical Council (TMNC) requesting to take disciplinary action against the concerned Docters for their Professional misconduct, which TMNC refuses to investigate.

The 1st respondent also filed a similar complaint before the Medical Council of India (MCI). He also claims compensation from State Consumer Dispute. Even after nothing had happened.

The 1st respondent filed a writ petition against MCI and TMNC seeking justice. In counter both party file affidavit and contented that TMNC has no power to take action against medical negligence.

Later the learned single judge, following the decision of Hon'ble Supreme Court in the case Dr. P.B. Desai v. State of Maharashtra, held that doctors have a duty of care towards their patients, and breach of this duty can be treated as professional misconduct. Against this decision writ appeal was filed.

Case Analysis
Tamil Nadu Medical Council V. Dr. Easwaran Dnb Frcs And Indian Medical Council
In The Honorable Madras High Court
Coram: Justice N. Paul Vasanthakumar

Issues Of The Case:

• Whether the Tamil Nadu Medical Council (TNMC) is obliged to investigate complaints of medical negligence as a form of professional misconduct?
• Whether the Professional Misconduct also include Medical Negligence under (Professional Conduct, Etiquette and Ethics) Regulations, 2002?

Contention Of Parties
Petitioner Argument:
Argued that they have no power to investigate cases of medical negligence and can only act on professional misconduct. They also contended that the 1st respondent's complaint was not maintainable since he had already approached a consumer forum for compensation.

Respondent Arguments:

• 1st respondent argued that there was a negligence on the part of doctor in treating his father properly and this is amounted to professional misconduct, which should be investigated by TMNC.
• 2nd respondent supporting the argument, states that the State Medical Councils as well as the Medical Council of India can take appropriate action if the medical code is violated.

Judgment
The court dismissed the appeal by the Tamil Nadu Medical Council, upholding the Single Judge's decision that TNMC must investigate the complaints against the doctors. The court ruled that TNMC, as a statutory body, is responsible for investigating allegations of professional misconduct, including those involving medical negligence. The court emphasized the fundamental right to receive timely and appropriate medical treatment under Article 21 of the Constitution of India.

Ratio Decidendi
The Court reaffirmed that medical practitioners have a duty of care towards their patients, and a breach of this duty, which results in harm to the patient, can amount to professional misconduct. The Court emphasized that even cases of medical negligence could be considered under the broader category of professional misconduct, as per the Indian Medical Council

Current Status
The writ appeal was dismissed, and the Tamil Nadu Medical Council was directed to investigate the complaints against the doctors in accordance with the law.