People for Better Treatment

For the past almost 1 year, there is absolutely no information posted on Medical Council of India (MCI) website about the current status of investigation of the numerous complaints lodged against doctors in India.  The last “Ethics Committee” minutes posted on MCI website is dated 24th May, 2013, long before the new MCI was constituted last December under the leadership of Gujarat-based doctor, Jayasree Mehta, a close associate of disgraced ex-MCI president, Dr. Ketan Desai.  After coming to power, members of new MCI (with many known supporters of Dr. Ketan Desai) promptly formed an “Ethics Committee” headed by one Dr. Muzaffar Ahmad, a long-time ally of Dr. Desai who also voted to make him MCI president in 2009.  PBT has learned from reliable sources that the new “Ethics Committee” has already met on several occasions and exonerated many accused doctors who had been facing serious charges including Dr. Desai himself whose registration was suspended in 2010 in response to complaint from PBT president Dr. Kunal Saha.  The new “Ethics Committee” has also acquitted Dr. Ved Prakash Mishra, another known Dr. Desai crony and ex-MCI member with grossly tainted background who was found guilty and recommended for “major penalty” by CBI for alleged corruption with granting tender for construction of new MCI building  between 2000 and 2003.  Ironically, instead of a “major penalty”, the new MCI has promoted Dr. Mishra and recently made his chairman of MCI “Academi Counil”.

Why MCI is reluctant to post details of “Ethics Committee” meetings on their website for public information?  Unfortunately, the answer is too obvious to all of us.  Incidentally, in response to an appeal by PBT working committee member and a victim of gross “medical negligence” (Case no. CIC/SG/A/2011/003627/17318; Mr. S.P. Manchanda vs. PIO & Law Officer, MCI) for violation of RTI Act, 2005, Central Information Commission (CIC)  directed in 2012 that MCI must promptly post minutes of all meetings on their website for transparency and honesty.  Of course, with so many members with tainted background and under direct or indirect control of Dr. Ketan Desai, no wonder the new MCI is in no mood to give any heed to the CIC order.  PBT is planning to move a “contempt” petition against the deliberate and sinister act by the new MCI.

“Times Now”, India’s premier television network from the Times Group will broadcast the recent “NRI of the Year” award ceremony in India and across the globe at 6:30 pm (Indian Time) on Saturday, April 12.  PBT president, Dr. Kunal Saha, was elected as the only NRI for this award under “My India” category for making significant contribution to a “social cause” in India.  The organizers have provided a brief summary of the reasons for choosing PBT president for this first-ever “NRI of the Year” award (see below).  The full report and other award-related information have been posed at the organizers website at WWW.NRIOFTHEYEAR.COM.  The live program can also be seen online at www.live.indiatimes.com

“TIMES NOW” REPORT FOR ELECTING DR. KUNAL SAHA (from WWW.NRIOFTHEYEAR.COM)

Dr. Kunal Saha has been fighting to remove healthcare corruption and to prevent medical negligence in India since the past 15 years. His battle against “medical negligence” culminated in 2013 when the Supreme Court of India awarded the highest compensation ever in Indian medical history.

After losing young wife and US-based child psychologist, Anuradha Saha, as a result of gross medical negligence during a social visit to India in 1998, Dr. Kunal took over a crusade not only to bring justice to his departed wife, but also for the millions of hapless patients in India who are dying every day because of reckless treatment by the hitherto “untouchable” doctors in India.

He also took over the seemingly impossible task to weed out the deep-rooted corruption that has plagued the Indian medical education and healthcare delivery systems. He founded “People for Better Treatment” (PBT), a registered humanitarian society to help the victims of medical negligence and to fight medical corruption in 2001. Over the past 13 years, PBT has brought hope for justice for countless alleged victims of medical malpractice and implemented major changes in the deeply flawed medical regulatory system through numerous public interest litigations (PILs) in Supreme Court and High Courts across India.

The impact of participant’s long-drawn legal and public fight in India has already created greater awareness about patients’ rights and sent a clear message to the members of the medical community across India that human lives are too precious to treat negligently and that the errant medicos will be held accountable for the reckless treatment of patients.

Perhaps more importantly, Dr. Kunal’s long and unselfish fight over the years with its culmination in 2013 (with win in Supreme Court) has brought a new ray of hope for the countless innocent victims of “medical negligence” in India who until now, had no hope for finding justice in the court of law against the wealthy and highly influential doctors/hospitals and as such, often resorted to take law into their own hands and attacked the allegedly negligent doctor(s) in a misguided attempt to find justice after losing their loved ones in front of their own eyes from gross medical negligence.

Medical Council of India (MCI) has posted a “public notice” on their website containing names of 15 doctors who have “cheated” and “forged” documents to obtain registration numbers from the apex medical body (see the “Public Notice” below).  Obviously, these are bogus doctors without proper medical knowledge and they should be considered as nothing more than “quacks”.  Perhaps these fake doctors are practicing right now in various parts of India putting lives of unsuspecting patients in serious danger.

But it is amazing that apart from providing the names of these 15 bogus doctors and their father’s names, MCI has not provided any other information to warn the innocent patients or to apprehend these fraudulent medicos.  MCI did not disclose the addresses of these illicit doctors or provided any information where they were practicing in the past.  MCI did not even post pictures of these dangerous doctors for their easy identification.  This action by MCI raises several questions:

1) How “forged” documents could be used to obtain registration from the highest medical regulatory body in India?  Either “incompetent” or “corrupt” MCI insiders must be involved with such a colossal failure in the system.

2) Why MCI did not provide detail information about these fake doctors?

3) Whether MCI has initiated nation-wide haunt and appropriate criminal proceedings against these bogus doctors/

4) Hardly any patient in India visit MCI website on a regular basis.  Why MCI is not running nation-wide advertisements to make public aware about these dangerous doctors?

MCI Notice (April, 2014) Unregistered docs

In the ongoing saga of establishing new MCI with tainted doctors who have been close to disgraced ex-MCI chief, Dr. Ketan Desai, the latest addition is Dr. Ved Prakash Mishra, who was inducted as a new member during the MCI general body meeting last week.  Ironically, CBI investigation of corruption and money laundering within MCI during Ketan Desai era found Dr. Mishra and several other then MCI members/employees guilty for “gross irregularity” in a multi-crore rupees scam involving construction of new MCI building (Dr. Mishra was a member of the “Building Committee”).  In fact, CBI recommended MCI to give “major penalty” against Dr. Mishra.  Instead of any “major” or even “minor” penalty, MCI has brought back Dr. Mishra as a powerful member of the new MCI.  Some of the scathing observations made by CBI against Dr. Mishra in the final order in Case No. PE-DAI–2005-A-0015 are shown below:

“…….Therefore, the Members of the Building Committee Dr. K.K. Arora, Dr. Ved Prakash Mishra & Dr. D.K. Sharma connected with the award of work to M/s L&T for the construction of MCI building at Dwarka, have committed gross irregularity.

The signed letter of Dr. Ved Prakash Mishra, dt. 17/1/2000 is on record and the presence of Dr. D.K. Sharma in the meeting of Building Committee on 18/1/2000 is also on record. This goes ton to prove the gross irregularity conducted by them in the award of contract to M/s L&T.

In view of the enquiry conducted on the abovesaid allegations, it is apparent that the rules and guidelines in the recruitment and building construction of MCI were violated intentionally and there has been lack of transparency in the functioning of MCI. In view of the discussions as mentioned above there is prima facie evidence of gross irregularity against the present Secretary, Dr. ARN Setalvad, the Section Officer Ms. S. Savitha, the LDC Sh. Manoj Kumar, the Deputy Secretary Dr. K.K. Arora and Members of MCI Dr. Ved Prakash Mishra and Dr. D.K. Sharma.

VI. Conclusion:

The enquiry has revealed that malpractices were resorted to in the recruitment process of LDC Sh. Laxmi Narayan by Dr. ARN Setalvad, Ms. S. Savitha and Sh. Manoj Kumar with ulterior motives, in gross violation of the Recruitment Rules of MCI.

The enquiry has revealed that intentional omissions and commissions were committed by Dr. K.K. Arora, Dr. V.P. Mishra and Dr. D.K. Sharma in the award of contract for building construction.

Final recommendations:

 On the basis of the above, competent authority in CBI has approved RDA for Major Penalty against the following officials of MCI for the omissions and commissions committed by them as discussed above, 

1. Dr. ARN Setalvad, Secretary, MCI

2. Dr. K.K. Arora, Deputy Secretary, MCI

3. Dr. Ved Prakash Mishra, Member, MCI

4. Dr. D.K. Sharma, Member, MCI”  

PBT president Dr. Kunal Saha accepted the first-ever “NRI of the year 2013″ award from Central Minister for Non-resident Indians (NRI), Mr. Vayalar Ravi, and noted movie director from Bollywood, Mr. Nagesh Kukunoor, on Monday (March 24) in a star-studded award ceremony held at Trident Hotel in Mumbai.  Dr. Saha was elected through online voting by people from around the globe as the best NRI for making “significant contribution” in India.  The award was organized by Times Now television chanel In his acceptance speech, Dr. Saha dedicated the award to all victims of “medical negligence” who died not because they were afflicted with an incurable diseases but due to reckless and negligent treatment by doctors in India.  Dr. Saha also called for better public awareness about healthcare and patients’ rights and called on the “honest and good” doctors of India to step forward to remove the corrupt and unscrupulous doctors from medical regulatory system in order to regain public trust.  Four other NRIs, one each from USA, UK, UAE and Singapore, were also elected to receive award under various other categories.  Dr. Saha was the only NRI chosen under “My India” category to receive this prestigious award for his relentless work to improve the healthcare system in India.  Mr. Amitabh Bachchan, well-known Bollywood actor also received an award as the best global icon from India (see picture below of Dr. Saha in the middle with Mr. Amitabh Bachman on right and central minister for NRI, Mr. V. Ravi on left).

Dr. Devendra.K. Gupta was elected last December to the newly formed Medical Council of India (MCI)  from the King George Medical University (KGMU) in U.P. under Section 3.1b of Indian Medical Council Act, 1956 (IMC Act, 1956).  The Section 3.1b of IMC Act, 1956 allows each medical university to send one representative to MCI.   But Dr. Gupta is scheduled to retire from KGMU next month and under the specific provision of Section 3.1b, any MCI member elected under this provision of law “shall be deemed to have vacated his seat” if he ceases to be a member of the concerned university.  In other words, Dr. Gupta cannot be considered MCI member from the day he retires from KGMU next month.  Two obvious questions come to mind – first, why was Dr. Gupta elected in the first place when the university was well aware that under the law, he could be MCI member only after a couple of months?  Second, has MCI taken any step to remove Dr. Gupta and replace him with a new member in just about a month?  Raising these serious concerns, PBT has submitted a memorandum with MCI president, Dr. Jaysreeben Mehta today seeking her urgent attention to this important matter (see below)

Let to MCI presidnet (Mar 11, 2014)

Dr. Ved Prakash Mishra, a tainted doctor and well-known crony of disgraced ex-MCI president, Dr. Ketan Desai, was recently selected as the chairman of the important “Academic Council” by the new MCI.  This is the latest of the hosts of scandals exposed showing the firm grip that Dr. Desai has on the present MCI which was formed only a few months earlier.  Dr. Mishra has been a long-time backer and close associate of Dr. Desai.  He had been in MCI during most of the time of Ketan Desai era until MCI was dissolved in 2010 following the arrest of Dr. Desai.  He also voted to make Dr. Desai MCI president in 2009.  The corrupt nature of Dr. Mishra was fully exposed after CBI found him guilty for shady deals with construction companies as a member of the MCI “Building Committee” between 2000 and 2005.  In fact, after a full investigation, CBI not only found Dr. Mishra guilty for his involvement with spurious building deals, but CBI also recommended “major penalty” against him (see CBI report below).  But instead of any “major penalty”, the new MCI promoted him as the chairman of “Academic Council” and more shockingly, exonerated him from all charges labeled against him by the CBI in an Executive Committee meeting held on 18th February, 2014.  PBT has lodged a formal complaint today with the Health Ministry seeking a full investigation of this sordid episode and demanding immediate removal of the Executive Committee members from MCI under Section 30A(2g) of “Indian Medical Council Amendment Ordinance, 2013″ since their action is clearly detrimental to public interest which is prohibited under Section 30A(2g).  (see PBT’s letter to Health Ministry below)

Let to Health Ministry (March 7, 2014)

Annexure-B (Health Ministry, Mar 7, 2014) CBI Report

At least 30 patients have died as a result of the recent “doctors’ strike” in Utter Pradesh (U.P.).  PBT president Dr. Kunal Saha has written to the Hon’ble Chief Justice of India (CJI) today seeking his urgent intervention to end the “doctors’ strike” (see letter below).  While PBT appreciates the grievances of the striking doctors and denounces the high-handed attitude of the political leaders in U.P., innocent patients cannot be held ransom to settle doctors’ score with the government.  In 2006, Apex Court held that “doctors’ strike” may amount to “professional misconduct” in response to PIL filed by PBT (W.P. Civil No. 316/2006).  More recently, PBT filed another PIL in the Supreme Court seeking a ban on the 1-day long nation-wide “doctors’ strike” called by Indian Medical Association (IMA) on June 25, 2012 (W.P. Civil No. 253/2012).  The Apex Court has already issued notice against IMA and expressed that they “expect that doctors not to resort to any such method (strike)”.  This PIL against “doctors’ strike” has been listed for next hearing on April 14, 2014.

Let to CJI (Mar 6, 2014)

An official letter written by former health secretary, Mr. Keshav Desiraju, who was removed from Health Ministry last month by health minister Mr. Gulam Nabi Azad has revealed that Mr. Azad was not happy with Mr. Desiraju’s concerns about return of disgraced ex-MCI president, Dr. Ketan Desai and his cronies to the highest medical regulatory authority in India (MCI).  A Times Now expose’ has shown the letter today clearly suggesting that Mr. Azad did not appreciate opposition to the return of Dr. Desai or his medical cronies back to MCI as expressed by Mr. Desiraju which possibly resulted in his abrupt transfer out of the health ministry.

PBT has been fighting relentlessly against Dr. Desai, his cronies and wide-spread corruption in the healthcare delivery system at various levels since its inception in 2001.  In fact, snce Dr. Desai was caught red-handed by CBI while taking bribe from a private medical college in 2010, PBT is the only organization that have filed several lawsuits in Gujarat High Court and Supreme Court of India in order to stop Dr. Desai and his cronies to return to MCI.  Unfortunately, many of Dr. Desai’s cronies have recently been re-nominated to the newly formed MCI – thanks to the implicit support by the health ministry.  Mr. Azad and his ministry have also remained absolutely silent to the repeated appeals filed by PBT against the ongoing atrocity in MCI which includes re-nomination of at least 17 tainted doctors to the MCI who are known to be closely associated with Dr. Desai.

But it is not just the UPA government, BJP-led Narendra Modi government has also come to the rescue of corrupt Dr. Desai.  The top BJP leader and prominent attorney, Mr. Arun Jaitley, had previously defended Dr. Desai in court against charges of corruption.  Ironically, the Modi government in Gujarat has not only reinstated Dr. Desai as head of Urology in B.J. Medical College in Ahmedabad even with a suspended medical license and while Desai is still facing criminal trial for bribery and corruption, Gujarat Government has also helped Dr. Desai to get re-nominated to the MCI from Gujarat University ignoring repeated appeals from PBT.  A public interest litigation (PIL), filed by PBT, is currently pending in Gujarat High Court which after Modi Government refused to take any step to remove Dr. Desai from Gujarat University Senate.

A major victory for all consumers and victims of “medical negligence” was achieved today (Feb. 24) in the Supreme Court as the “Contempt” petition filed by PBT against National Consumer Forum (NCDRC) was disposed of by the division bench of Justices Mr. T.S. Thakur and Mr. C. Nagappan (SC Contempt Petition No. 158/2002; People for Better Treatment vs. H.D. Nautiyal, Registrar, NCDRC) with specific observations that from now on, non-advocates and humanitarian organizations like PBT would be able to represent victims of medical negligence and other victims of deceptive trade practice in NCDRC and other Consumer Courts across India.  New specific guidelines for accreditation of non-advocate/representative/NGO who may represent justice-seekers in the Consumer Courts have been posted on the “Consumer Affairs Ministry” website at (see below)

PBT filed this “Contempt” petition in 2012 after NCDRC remained silent even after the Apex Court passed a judgment in 2011 to frame new guidelines allowing benevolent social organizations and non-advocates to represent consumers including victims of medical negligence.  As a result of our “Contempt” petition, NCDRC has framed new guidelines now as it becomes law from 17^th February, 2014 with its publication in government’s official Gazette.

Many victims of “medical negligence” are victimized for a second time by unscrupulous lawyers who deliberately stalls the process of justice only to extract more money from the victim or even worse, surreptitiously join hands with the accused doctor/hospital in order to deny justice.  Many competent volunteers in PBT will now be accredited by NCDRC and be able to help hapless victims of “medical negligence” find justice in the court of law. PBT president, Kunal Saha, a medical doctor based in USA who has personally appeared to argue many important public interest litigations (PILs) as well as personal cases in High Courts and Supreme Court including the recent case for his wife’s wrongful death in which Apex Court has awarded highest compensation (Rs. 11.5 crore) for “medical negligence”, has expressed that he would also get accredited himself from NCDRC now to help other victims of alleged “medical negligence” by appearing on their behalf in Consumer Courts in India.

NCDRC Guidelines (Feb 2014)

In a remarkable demonstration of intolerance against medical negligence, New Jersey medical board (akin to state medical council in India) has unanimously decided to revoke the medical registration of an anesthetist, Dr. Richard Kaul, for doing surgery without proper education and training as reported in British Medical Journal (BMJ 2014, vol. 348).  The New Jersey board held Dr. Kaul guilty for “professional misconduct” and “dishonesty”.  Interestingly, the patients that Dr. Kaul operated upon did not die from the surgery but medical regulatory body in New Jersey found Dr. Kaul’s act dangerous as it “put the public at grave risk” because he was trained as an anesthesiologist and not a surgeon.  Ironically, Dr. Kaul is originally from UK but lost his medical license there after he was convicted for manslaughter for causing death of a patient (see news below).  Could we ever imagine such proactive stance from our doctor-leaders in the medical councils to protect the hapless patients in India?

US Doc License Cancelled (Feb, 2014)

A hugely benevolent and direct effect of the historic judgment passed last October by Supreme Court awarding over Rs. 11.5 crore against several senior doctors and AMRI Hospital in Kolkata for Anuradha Saha’s death from “medical negligence” has been reflected in a big way for the first time as the National Consumer Disputes Redressal Commission (NCDRC) has awarded an unprecedented compensation of more than three crore rupees (Rs. 3,01,48,195/-) plus 9% interest since 2003 against OTIS Elevator Company for causing death of a young officer who died due to a faulty Lift which crushed him in Delhi back in 2003 (see NCDRC judgment below).  This momentous judgment was passed by a division bench of NCDRC on 21^st January, 2014.

While this was not a case involving “medical negligence”, the principles used by NCDRC to award this huge compensation for a victim of negligent death who was Indian resident were solely based on Apex Court judgment in Anuradha’s case.  The principles as set in Anuradha’s case by the Supreme Court last October must now be used, perhaps even more effectively, on all cases of “medical negligence” that are pending in different Consumer Courts across India.  This will undoubtedly bring a new ray of hope for equitable justice to all victims of “medical negligence” and is also likely to have a strong deterrent effect on reckless practice of medicine by many Indian doctors/hospitals.

The unprecedented principles of law that were settled by Supreme Court in Anuradha’s case and were followed in the judgment delivered last month by NCDRC include:

1) Compensation for loss of future potential income:  The compensation by NCDRC was NOT based on the actual income of the deceases at the time of death, but calculated considering young age and future potential of promotion and increased income.

2)  The “multiplier system” cannot be used for negligent death.  The compensation by NCDRC was calculated NOT in accordance to the “multiplier system” that has been routinely used for calculating compensation from negligent death until Anuradha’s judgment by the Supreme Court.

3) Compensation awarded is enhanced during final argument and eventual award was even more than the original claim:  The compensation was significantly enhanced by NCDRC only during final argument.  In fact, the victim initially claimed a compensation of only Rs. 1.89 crore.  But only during final argument, he enhanced the claim to Rs. 3.01 crore solely on the basis of the principles laid down by Apex Court in Anuradha’s judgment.  Although the opposite parties objected to this enhanced claim, NCDRC granted 100% of the enhanced claim and awarded a compensation of Rs. 3.01 crore plus 9% interest for the last more than 10 years.

This NCDRC judgment should go a long way to help all victims of “medical negligence” who have been waiting for their day of justice after losing their loved one at the hands of hitherto “untouchable” doctors/hospitals.  From now on, compensation for death of a child or student (with no actual income) from “medical negligence” would be calculated considering future prospect of the deceased which could easily be in multi-crore rupees.

NCDRC Judg (2014) Enhanced compensation using Anuradha SC judg

In yet another blatant move by the dubious central health ministry, Mr. Keshav Desiraju, a well-known and upright Secretary in the health department was transferred by the health minister.  The question is “why”?  When the entire healthcare system is reeling under allegations of wide-spread incompetence and corruption with public discontent growing day by day, why the health ministry decided to shift one of its rare honest high-rank officials out of the health department?  Reportedly, Mr. Desiraju has been an obstacle on the way for disgraced ex-MCI chief, Dr. Ketan Desai, to return to MCI.

Published report in “Daily Pioneer” (see below) has claimed that Mr. Desiraju was removed from the health ministry for his role to initiate action to remove 17 tainted newly elected/nominated MCI members all of whom are known cronies of Dr. Desai and voted to elect Dr. Desai as MCI president in 2009.  Ironically, PBT lodged the complaint with the health ministry last year against these 17 new MCI members with tainted history seeking their removal under law because their presence in MCI was detrimental to public interest.  Despite Dr. Desiraju’s willingness to take action in this matter, the health ministry has remained absolutely silent until now.  PBT is planning to move the court of law against these atrocities by the health ministry.  PBT president Dr. Kunal Saha also wrote to Prime Minister yesterday urging him to intervene in this reckless act by the health ministry and demanding that Mr. Desiraju be brought back to the health department (see below).

Pioneer (Feb 13, 2014)

Telegraph (Feb 13, 2014)

PM Memorandum (Feb 13, 2014)

Order passed on 30th January, 2014 by Supreme Court division bench of Justice Mr. C.K. Prasad and Justice Mr. V. Gopala Gowda in the historic “medical negligence” case for the wrongful death of Anuradha Saha was posted in SC website today (attached below).  According to this order, Kolkata-based AMRI Hospital must pay Rs. 2 crore by Thursday (February 6) and remaining about Rs. 7.5 crore (out of total compensation of about Rs. 11.5 crore including interest) within another 2 months period.  The hospital had earlier sought one year extra time to pay the compensation because of “financial hardship” while Anuradha’s husband, Dr. Kunal Saha, filed a “contempt” against AMRI hospital for failure to pay the compensation on time.  Apex Court has kept the “contempt” petition pending with next hearing date on 5th May, 2014.  The order by SC sends a strong signal that doctors/hospitals found guilty for “medical negligence” cannot frustrate the victims by delaying payment of compensation on one ground or another.

SC Order (Feb, 2014) Anu Case