Can the council take disciplinary action against misconduct and / or professional negligence?


Dr KK Aggarwal and Ms Ira Gupta    24 June 2018

DMC Act 21 (2) clarifies the same.

“If a registered practitioner has been, after due inquiry held by the Council or by the Executive Committee in the prescribed manner, found guilty of any misconduct by the Council or the Executive Committee, the Council may (a) issue a letter of warning to such practitioner; or (b) direct the name of such practitioner-(i) to be removed from the register for such period as may be specified in the aforesaid direction; or (ii) to be removed from the register permanently. Explanation: For the purpose of this section a registered practitioner shall be deemed to be guilty of misconduct if (a) he is convicted by a criminal court for an offence which involves moral turpitude and which is cognizable within the meaning of the Code of Criminal Procedure, 1974 (2 of 1974), or (b) in the opinion of the Council his conduct is infamous in relation to the medical profession particularly, under any Code of Ethics prescribed by the Council or by the Medical Council of India constituted under the Indian Medical Council Act, 1956 (102 of 1956) in this behalf.”

But the council can also award compensation for professional negligence if associated with deficiency of service. DMC Act Section 10 (f) states that one of the functions of the Delhi Medical Council is “to receive complaints from public (including patients and their relatives) against misconduct or negligence by a medical practitioner, to proceed for inquest, take a decision on the merits of the case and to initiate disciplinary action or award compensation and similarly to take action against frivolous complaints.”

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