The Delhi High Court has stayed a Delhi Medical Council order censuring a medical doctor from his practice for six weeks for having failed in “his professional duties”.
According to DMC, the medical practicioner, Dr Yash Nigam, was found to have failed on his duties as a professional by performing tibial osteoteomy on a patient while better alternatives were available. The DMC order was based on a complaint filed by Pushpa Soin, who was operated for osteoarthrosis knee when left tibial osteoteomy was done with ilizarov fixation.
The DMC order was stayed by the HC after the petitioner’s counsel argued that the patient had complained the matter to DMC after a year and hence had an ulterior motive. He also argued that DMC acted “vindictively” and debarred him from practice for six weeks.
The DMC had pointed out that in spite of repeated opportunities, Dr Nigam failed to furnish MS (Orthopaedics) degree certificate in support of his post-graduate qualification, which he claimed to have obtained from Agra University. “The council takes a serious note of Dr Nigam not being registered with the Delhi Medical Council in violation of the provisions of Section 15 (6) of the Delhi Medical Council Act, 1997. Dr Nigam’s name is not borne on a State Medical Register, which is mandatory for practicing medicine”, the DMC charge sheet had said.