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Two 'negligent' doctors suspended for 180 days

Dr Ashwani Maichand and Dr Rahul Kakran will be removed from their respective state councils for 180 days

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The Delhi Medical Council (DMC) has suspended two of the five doctors accused of operating on the wrong leg of a 24-year-old man in June last year. Dr Ashwani Maichand and Dr Rahul Kakran will be removed from their respective state councils for 180 days. This forbids the doctors from practicing anywhere for three months.

Complainant Ravi Rai, who was interning with an audit firm at the time, fell down the stairs of his home in Ashok Vihar in June last year. His family immediately took him to the Fortis hospital in Shalimar Bagh.

Update: Dr Maichand has been given a clean chit by the Medical Council of India, and the Ethics Committee came to the unanimous conclusion that no medical negligence case could be made against the doctor. Dr Maichand was exonerated of all charges and was given a clean chit by the Medical Council of India. ​

The doctors told them that the ankle of Rai's right leg had fractured. They also said he would need to undergo a surgery wherein four pins would be inserted in his ankle for support. When Rai gained consciousness after the procedure, he realised that his left leg had been operated upon. Frantic, he told the doctors about the mistake but it took almost half an hour for anybody to come to his aid.

The family then lodged a police complaint. "On being enquired, Dr Maichand admitted that they worked as a team and it was pre-decided that they would operate on the left leg, in case excessive swelling was found on the right side in the operation theatre. This was, however, not conveyed to the anaesthetist. Also, no written consent of the patient was taken regarding any such change of plan," the medical body stated in its order.

The police had registered an FIR under sections 346, 338, and 34, of the Indian Penal Code (IPC), which deal with wrongful confinement, causing grievous hurt, and endangering the lives or personal safety of others. The hospital authorities immediately set-up a committee to probe the blunder.

The panel suggested that the operating team may have "disregarded and side-stepped" the due process, and the doctors and other paramedical staffers were immediately fired.

"A disciplinary committee was formed by the council to look into the matter. The report has been submitted by the committee. Two of the five doctors have been found guilty of negligence, and as part of the punishment, they have been removed from the state medical council for 180 days," DMC Registrar Dr Girish Tyagi said.

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