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Major Victory For PBT’s Relentless Fight Against “Medical Negligence” And Healthcare Corruption: MCI Cancels License Of Top Surgeon For A Period Of Five Years For Unethical Practice And Negligent Treatment Causing Death Of A Housewife In Lucknow

PBT’s relentless effort to bring justice for all victims of “medical negligence” received a major boost today as Mr. Sudhir Kumar Srivastava, an ardent supporter and PBT life-member, was informed by Medical Council of India (MCI) that they have directed to cancel medical registration of Dr. Vipul Shah, a general surgeon in Lucknow, for a period of 5 years for unethical behavior and negligent therapy causing untimely demise of Mr. Srivastava’s wife, Mrs. Nidhi Srivastav, who died from acute liver failure after Dr. Shah administered astronomical dosage of two hepatoxic drugs ignoring the patient’s grossly abnormal liver function test (LFT).  MCI also found Dr. Shah guilty for blatant violation of minimal ethical standard that all doctors in India must observe.  Ironically, the U.P. Medical Council (UPMC) had earlier acquitted Dr. Shah as they found no medical or ethical violation by the accused doctor.

Mr. Srivastava came to PBT in 2010 seeking help to find justice after his wife died from gross medical negligence when she was only 40 leaving behind three young children, two daughters (13, 11) and a son (7).  With proper guidance and support from PBT, Mr. Srivastava fought tirelessly over the past 4 years and finally brought medical justice to Dr. Vipul Shah, a highly influential surgeon with thriving practice in Lucknow, as MCI suspended his license to practice medicine for a period of 5 years (see Dr. Shah’s resume and picture below which was obtained from the web).  Mr. Srivastava’s legal case in the National Consumer Forum (NCDRC) seeking a compensation of Rs. 5.5 crore and a separate criminal case are still pending.

There are several distinct and highly important aspects in the MCI verdict against Dr. Shah that may have major implications in other cases involving medical malpractice.  Apart from the negligent therapy, Dr. Shah was also found guilty for “unethical” behavior including:

1) Using “misleding degrees” after his name.

2)  Making false claim in his letterhead that he was also “practicing in US and UK”.

3)  Using false “logo of American Academy of Cerebral Palsy”.

4)  Practicing in West Bengal and Delhi once every month, without intimation to the state medical council.

For these “unethical” misconduct, MCI suspended Dr. Shah’s license for a period of 2 years while an additional 3 years suspension was imposed on Dr. Shah because of his negligent treatment (see complete MCI Order below)

This is a significant victory not only for Mr. Srivastav’s family but also for PBT as it brings a new ray of hope for millions of hapless victims of “medical negligence” whose complaints against the errant doctors are still languishing in different state medical councils and MCI.  The momentous verdict by MCI also underscores the presence of rampant corruption in the state medical councils in India.  How the doctor-only members of U.P. Medical Council found nothing wrong with the negligent treatment or unethical behavior by Dr. Shah which was grossly wrong to the members of MCI?  A similar situation also occurred with the historic case of Anuradha Saha as members of West Bengal Medical Council (WBMC) gave a clean chit to all three doctors who were later found responsible for Anuradha’s death not only by MCI but also by the Apex Court.  The entire WBMC doctor-members were indicted by Calcutta High Court in 2011 in an unprecedented criminal case under IPC Section 120b (“criminal conspiracy”) and section 201 (“shielding offender”). It remains to be seen whether doctor-members of U.P. Medical Council face any criminal charge for conspiracy for their seemingly devious action.  But the good news is that our unrelenting fight against negligent treatment and healthcare corruption has finally started to produce meaningful impact on the flawed medical regulatory system.  It must also be remembered that Mr. Srivastava’s appeal against the U.P. Medical Council’s acquittal of Dr. Shah (under section 8.8 of MCI “Code of Ethics & Regulations”) was possible only because of PBT’s historic PIL in Supreme Court of India (W.P. Civil No. 317/2000) which eventually resulted introduction of sections 8.7 and 8.8 in the MCI “Code of Ethics and Regulations” in 2004.

Resume (Dr. Vipul Shah, Lucknow)

MCI Final Order (June 2014) Mr. Srivastava (U.P.) case

Comments on this entry are closed.

  • Dr.B.Ravi Kumar June 5, 2014, 7:56 am

    This is a major victory for P.B.T.

  • anil b. kapur June 5, 2014, 4:51 pm

    Great action against the killers of human values. Considering them selves as bigger than god.

    • A Raghuvanshi June 24, 2014, 6:06 pm

      Post marketing vigilance has to be more stronger to save many lives being under threat due to irrational treatment being practiced for vested interest of health care providers on the pressures of various unethical pharmaceuticals companies l India. ?…

  • Arabinda Bhattacharjee June 5, 2014, 5:05 pm

    It’s regrettable that Dr Shah could not be jailed; what he as well as numerous other doctors in
    our country are accused of. State Medical Councils are manned by doctors mostly with hands in same gloves; they always shield each other at he time of crises. Keep afar medical ethics, sincerity et el. After five years same doctor would return with more hunger and ruthlessness/

  • AV Bagur June 5, 2014, 8:39 pm

    Congrats for the relentless battle. The war is still to be won. There are 10s and 100s of cases of medical negligence as well as medical malpractice cases that goes unreported and un punished due to lack of awareness and resources. Hope this will be a good beginning for the war to be won.

  • agrwl June 8, 2014, 10:17 am

    People for betterment of
    Foreign Medical Graduates
    President: R K Agrawal,
    231, Lalbaug, Morbi-2
    Gujarat

    To,
    The health minister,
    Ministery of Health & Family Welfare,
    Govt of india,
    New Delhi

    Sub:-Plight of Foreign Medical Graduates of India & ways to improve supply of competent doctors in India, while eliminating all types of incompetent doctors
    R/sir,

    Thousands of meritorious youth of mother India, who could not afford Crores of Donation in Pvt. Medical colleges, & could not get meagrely available Govt. seats but still determined to pursue this noble profession of medicine, go abroad for economical medical education.
    But on return, they are being discriminated in the name of screening test by the Medical Council of India, in collusion with National Board of Medical examination, & Govt. of India. A glance at the pass percentage of screening tests (just 15% to 30% with an average of 20%) will reveal the amount of discrimination being meted out by MCI to these graduates.
    I do not buy MCI’s argument that medical education all over the world is not up to Indian standards as justification for such a low pass percentage over such a long period. If their education is so poor, how come they have much better healthcare system than India has. And if 80% foreign graduates are indeed not worthy, why not ban foreign medical education completely? Why waste our youth & financial resources for such a worthless education & spoil life of 80% students who could have been productively used in other fields of life for the benefit of mother india?
    However, the fact of the matter is that such discriminatorily low passing percentage is deliberately kept to incite fear psychosis in the minds of students, so that they do not go abroad & ultimately fall pray to Pvt. Medical Colleges to cough up Crores in Donation. As the fear increases, demand for these seats increases, & as the demand increases, the donation amount increases. Part of this donation goes to MCI bosses is no more a secrete. MCI bosses become wealthy, the dens of corruption flourish, but, mother india suffers. Artificial shortage of doctors is created. Rural population falls pray to quacks, thus our National Health parameters decreases, & mother India becomes sick.
    Scores of Pvt. medical colleges openly auction their seats in crores, & pass their students from their own Pvt universities by taking crores again. We know how their faculties & facilities are checked by MCI, which exist only on paper. However, the quality of students admitted & the quality of Doctors produced is nowhere checked even on paper by any Govt. agency. They all are blanketly stamped competent without any scrutiny because corrupt officials get their share of Donation.
    Has MCI ever checked the standard of these Pvt. Medical College students by subjecting them to such a test?
    Is it not possible that MCI is asking for some alien standards from foreign medical college students, which its own Pvt. Medical College graduates do not possess?
    The solution to this problem lies in subjecting both foreign medical graduates as well as Pvt. Medical College graduates to a uniform licentiate examination to know if they all have minimum basic knowledge before stamping them competent & allowing them to play with our life. There will be several benefits to mother india & the only loosers will be corrupt officials & Pvt. Medical College mafia, as explained below.
    1.There will be no discrimination against anyone as all are subjected to the same test. As the fear psychosis will eliminate, more & more students will go abroad for economical medical education thus increasing supply of Doctors which ailing mother india badly needs, without any burden on Govt. resourses, & without compromising on standards.
    2.Increased supply of quality Doctors will improve the health parameters of ailing mother India. India will be gradually viewed as a healthy country.
    3. All incompetent doctors, whether Foreign medical college gradutes or Pvt. Medical college graduates will not be able to get in to the system, thus reducing medical negligence, which will be again beneficial to ailing mother India.
    4. Only losers will be corrupt officials & private medical mafia making crores by auctioning their seats, & still gving sub standard education, as demand for their seats will be greatly reduced as now students will have the choice of economical education without fear of discrimination. But, the benefit to mother India will be that healthcare will be free of corruption, money power & vested interests, which in turn will reduce the overall cost of healthcare, & promote competence, as Pvt. Medical Colleges will have no choice but to improve their standards.
    The proof of validity of above argument will lie in the fact that the only opposition you will face is from corrupt officials, the Pvt. Medical college mafia & the existing students of such colleges. Opposition from existing students of Pvt. Medical colleges can be overcome by not making these rules applicable to existing students. Those left will be corrupt officials & Pvt. Medical college Mafia as they will loose the maximum.
    But, Mother india will get a lot. Corruption from healthcare will reduce, overall cost of healthcare will reduce, medical negligence will reduce, healthcare will be greatly improved, with increased supply of quality doctors & mother india will no more be ailing.
    If all these need legislative changes, taking a long time, in the short run we can atleast reduce the discrimination meted out to Foreign Medical College Graduates by not subjecting them to some alien standards of test which our own Pvt. Medical Colleges do not possess, by subjecting a sample of such Pvt Medical College doctors to this test on voluntary basis for study purpose only to find out if the standard expected are indeed those possessed by Indian Pvt. Medical College Graduates. Since, all these Pvt. Medical college graduates are blanketly stamped competent, they all must easily pass this test. Or, it will prove that blanket stamping of Pvt. Medical college graduates as competent is indeed money driven & not merit driven, which is detrimental to health of Mother India in more than one way as explained above. This will reduce some discrimination in short run, will result in increased supply of quality doctors, as fear of subjecting them to some alien standards will be removed & Govt. will come to know the actual standards of such Pvt. Medical College Graduates. However, to get the real picture all this exercise should be undertaken by an independent body free from the influence of MCI as this will also expose how these Pvt. Medical Colleges were recognised by MCI, which is the main culprit.
    Thanking you,
    Yours sincerely,

    (R K Agrawal)
    Copy to:
    1. Prime Minister of India, sh. Narendra bhai Modi, New Delhi
    2. National Board of Examination, New Delhi
    3. Medical Council of India, New Delhi

  • Arvind Mishra June 23, 2014, 9:50 am

    Dear dr Saha,
    Congratulation for your endless efforts to fight against corruption in the medical system of India.
    The most unfortunate part of the whole problem is that the state medical councils are playing dirty and in case of any complaint against doctors their role is to save the accused doctors even if they are clear cut at fault.
    Even the medical opinions are managed by way of informing each other.
    My mother died inside the CT scan machine in Bhopal. The treating doctors were not registered in the state medical council. Even one doctor is not registered for 40 years, the technician was not registered but The Chairman of satae medical council him self gave them clean chit saying that it is purely technical mistake and gave them opportunity to register.
    One famous oncologist of Mumbai gave the opinion on a fake letter head hiding his MCI Regd no. and hospital name,where he was actually working at the time of giving opinion.
    Big gang of corrupt doctors….and the others who are giving them clean chit …