What do you mean by condoning on case to case basis?


Dr KK Aggarwal and Ms Ira Gupta    26 May 2018

In an appeal in the MCI against order dated 23.09.2010 passed by Delhi Medical Council filed by Sh. NK (F.No.839/2010), the Ethics Committee noted:

“The MCI Ethics Committee considered the matter with regard to appeal made by Mr. NK against the order dated 28.09.2010 passed by Delhi Medical Council and noted that the Delhi Medical Council vide its order dated 28.09.2010 has recorded as under:-

".... on perusal of the complaint, the DMC observed that the same is in respect of a cataract surgery undergone by the complainant on 07.01.2005 and the present complaint has been filed with DMC on 3.6.2009 that is after almost a period of more than four years, besides that to attribute loss of vision in operated eye due to surgery performed 3 years and eight months before is medically untenable, hence, this complaint does not merit any consideration.” DMC/DC/F.14/Comp.580/2010/

The MCI Ethics Committee noted that the complaint of the complainant has not been examined by DMC and the same has been rejected only on the grounds of delay in filling the complaint. The Committee is of the opinion, that this cannot be a ground to reject the complaint, as manifestation of complication due to surgery, may arise even afterwards, so this alone cannot be a sufficient reason and the complaint should be examined on merit. Moreover, no reasons have been given by the DMC to come to the conclusion therefore, the matter be returned back to Delhi Medical Council to examine and give reasons for rejections.”

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