Delhi HC directs MAMC to constitute medical board to look into child's death in private hospital
Jul 25, 2022
New Delhi [India], July 25 : The Delhi High Court recently directed Maulana Azad Medical College (MAMC) to constitute a medical board to give a report on the death of a two and half-year-old child in a private hospital.
The high court issued directions on the petition moved by the child's father. He had alleged negligence during the treatment of his child.
Justice Jasmeet Singh said, "I deem it fit that the complete medical record pertaining to the deceased child may be sent to the Dean, Maulana Azad Medical College, New Delhi to constitute a Medical Board and give their report within a period of six weeks.
Justice Singh observed, "In the present case, the son of the petitioner died on February 9, 2020, and to date, after a period of almost two and half years, there is no investigation in the matter for lack of Medical opinion."
The bench has listed the matter for further hearing on October 17, 2022. The court has also impleaded Delhi Medical Council (DMC) as a party to the petition.
"I feel that this is a case where the DMC needs to be impleaded as a party. Let the DMC be impleaded as respondent and notice be issued and let the petitioner take steps for service of the respondent," Justice Singh said.
The court said that DMC is required to file a detailed counter affidavit within four weeks from today, the order of July 21 reads.
Advocate Sachin Jain counsel for the petitioner had submitted that they have no faith in the DMC as it is a regulatory body of the Doctors and cannot give an unbiased expert opinion. It was also submitted that they have no power under the DMC Act, 1997 to give an expert opinion.
The petitioner had lost his son of two and half years, who had no known allergies or past history of illness, allegedly due to negligence and malfeasance at the hospital at Shalimar Bagh New Delhi, the court's order reads.
The petitioner had sought a medical opinion from any government hospital or AIIMS for credible expert opinion and had a grave apprehension regarding the opinion of the DMC.
