Doctor suspended in negligence case

In a three and a half year old case of medical negligence, 63-year-old complainant Chandrakant M. Kulkarni finally received some relief when the Maharashtra Medical Council on Monday temporarily suspended the registration of Dr Nitin S Rathaney, a general surgeon from Shushrusha Hospital at Mulund.

Dr Rathaney was suspended when the doctor failed to respond to the chargesheet issued by the council (on February 3) within 10 days of stipulated time. Mr Kulkarni registered his case with the council on April 16, 2015. Following this, two hearings were called before the executive council on October 12, 2015 and December 18, 2015. But in both the hearings, the doctor remained absent. Then the council issued a chargesheet on February 3 this year where the doctor was asked to respond within 10 days to the queries raised by the complainant in the medical negligence case.

However, when the council did not receive a response from the doctor, they issued notice suspending his registration number-70107 until the case is solved.

The notice given to the doctor says, “You have been given sufficient time to explain your stand. However, you have failed to do so. This is a gross violation of code of ethics of Indian Medical Council (Professional Conduct, Etiquettes, Ethics) Regulation, 2002. Therefore, the Council has decided to your registration under clause 8.5 of IMC and section 10 (d) of Maharashtra Medical Council, 1965.” This suspension will continue till the case is decided by MMC.

“He does not want to appear before the council. Last time also, he didn’t come for the hearing. I am happy that the council have taken an appropriate step by suspending his license. Now, he won’t try to postpone or avoid the case,” said Mr Kulkarni. However, when The Asian Age spoke to Dr Rathaney, he refused such allegations and said he had sent his response to the council.

“My lawyer had sent my response to the council. In fact, I was getting ready to face the trail but suddenly, I received the letter on Thursday. I don’t know how the council didn’t receive my response,” said Dr Rathaney.

Mr Kulkarni had also registered his case for hearing at the National Human Rights Commission on medical negligence case at TISS last month. However, his case was dismissed as his complaint was against a private hospital.