Court Flags Delay by Delhi Medical Council in Medical Negligence Complaint
The Delhi High Court has directed the National Medical Commission (NMC) to conclude proceedings within six months in a medical negligence case related to the death of a woman following complications from a liposuction procedure in 2021. The direction came after the court noted significant delay by the Delhi Medical Council (DMC) in deciding the complaint filed by the deceased patient’s family.
Single Judge Justice Purushaindra Kumar Kaurav clarified that the State Medical Council is the primary authority to examine complaints of medical negligence. However, the court observed that if the State Council fails to take a decision or unduly delays proceedings, the matter can be referred to the NMC for appropriate action. Accordingly, the NMC has now been asked to take the case to its logical conclusion within six months.
The court was hearing a petition filed by the mother of the deceased, a Singapore-based Indian woman who underwent liposuction at a private clinic in South Delhi in September 2021. Following complications, she was shifted to a hospital in Faridabad, where she was declared brought dead on September 28, 2021.
In her plea, the petitioner alleged medical negligence and inaction by regulatory authorities despite repeated follow-ups over the past four-and-a-half years. She sought registration of her appeal dated December 17, 2024, and requested the court to direct an expedited inquiry into the matter.
According to the petition, the procedure was performed by Dr Yadav at a South Delhi clinic and was allegedly conducted contrary to standard medical practices. The family also questioned why, when complications arose, the patient was not taken to nearby tertiary government hospitals such as AIIMS or Safdarjung Hospital, but instead was shifted to a private hospital in Faridabad, approximately 27 kilometres away.
The petitioner further relied on documents generated at the Faridabad hospital to raise doubts about the circumstances of death. The medico-legal certificate (MLC) dated September 28, 2021, reportedly contained contradictory entries—one section noting the patient was unconscious and another stating she was “brought dead.” Additionally, a no-objection certificate issued by the Station House Officer of SGM Nagar police station on September 30, 2021, indicated that the cause of death was yet to be ascertained.
The family initially attempted to register an FIR but was informed that, in cases of alleged medical negligence, a preliminary opinion from a medical authority is required. Subsequently, a complaint was filed before the Delhi Medical Council on February 15, 2022. Although an initial hearing was conducted in September 2022, the petitioner claimed that no further order or communication was issued despite repeated follow-ups.
Taking note of these submissions, the High Court observed in its January 15 order, made public on February 3, that while the State Medical Council is the first authority to examine such complaints, prolonged inaction warrants intervention. The court therefore directed the NMC to proceed with the matter and ensure that a final decision is reached within six months.
