Suspended surgeon approaches Bombay High Court

24 April, 2016

A city-based doctor from Mulund whose registration number was suspended for two years in a medical negligence case in March this year, has now approached the high court against the decision of the Maharashtra Medical Council (MMC). The case will be heard in the court on Monday.

The MMC suspended the registration of Dr Nitin S. Rathaney, a general surgeon from Sushrusha Hospital at Mulund for two years after hearing the plea of 63-year-old complainant Chandrakant M. Kulkarni who alleged medical negligence in an operation. Mr Kulkarni registered his case with the council on April 16, 2015. After hearing his case and considering all the medical evidences, MMC suspended the doctor’s registration number 70107 last month.

But claiming innocence, the doctor has now approached the high court.

“The accusations put against me are false. I had provided all the documents to the council showing that complaint was wrong but despite this my registration has been cancelled for two years. I had no other option but to approach the court,” said Dr Rathaney.

However, when The Asian Age approached MMC, they said that often the culprits who are found guilty by the council approach courts to show that they are innocent and blame the council for defaming them.

“The culprits approach courts and present their cases from different angles. They often accuse us of defamation caused from the verdict of the council. Our lawyers will handle the case now at the high court,” said an officer from MMC who did not want to be named.

Due to Dr Rathaney’s alleged medical negligence, Mr Kulkarni has been carrying around a big sterile bag wrapped around his stomach that collects his stool, for four years. In 2012, Mr Kulkarni had consulted Dr Rathaney with complaint of constipation. The doctor asked him to get operated upon for colon cancer. And following the doctor’s advise, Mr Kulkarni went ahead with the surgery even before the biopsy results were out. Three days later, his stitches went awry and opened up and Mr Kulkarni went into coma.

But after gaining consciousness and being discharged from the hospital, he consulted other doctors. “I was shocked to know that I never had cancer. But as the doctor wanted to go abroad after my surgery, he did not wait for the biopsy reports and conducted the surgery. So far, I have spent more than Rs 5 lakh on my treatment,” said Mr Kulkarni.

http://www.asianage.com/mumbai/suspended-surgeon-approaches-high-court-838