HC Finds Procedural Lapse
The Madras High Court recently set aside an order of the Tamil Nadu Medical Council (TNMC) that had exonerated a hospital from medical negligence charges. Justice N. Anand Venkatesh observed that the council had ignored the findings of a State Government-appointed committee before passing its decision.
Case Background
The matter dates back to 2020, when the petitioner’s father, after treatment and discharge from the hospital, was re-admitted with a severe infection. He was put on multiple antibiotics, developed kidney failure, and remained on dialysis until his death on 1 September 2020. Alleging medical negligence, the petitioner approached the TNMC.
Expert Committee Findings
A committee of doctors from Coimbatore Medical College and Hospital reviewed the case. It concluded that better coordination between consultants could have avoided polypharmacy and frequent antibiotic changes. The committee further observed that anti-tubercular therapy (ATT) could have been deferred, given the patient’s poor condition and multiple infections.
Council’s Order Under Scrutiny
Despite the committee’s observations, the TNMC exonerated the hospital in December 2023, stating that no professional misconduct had occurred. The HC noted that the council’s order lacked reasoning, failed to address the petitioner’s allegations, and showed no evidence of considering the committee’s report.
HC’s Directions
Quashing the TNMC’s order, the HC remitted the matter back to the council. It directed the TNMC to conduct a fresh inquiry based on the expert committee’s findings and issue a reasoned order within twelve weeks.
