Allowed

Ananda K v. Commissionerate of Health and Family Welfare Services

Karnataka HC12 Aug 2024WP/7582/2023

Case brief

AI extract

What is this about?

Husband alleged his wife died from medical negligence during breast lump excision surgery and sought action against the hospital and doctors. The court quashed proceedings against the hospital as outside the Karnataka Medical Registration Act's scope and directed the Health Commissionerate to decide the representations within four months after hearing the hospital.

What did the court decide?

Proceedings against hospital quashed; liberty to proceed against doctors; Commissionerate directed to consider representations within four months after hearing hospital.

Ananda K Vs Commissionerate of Health and Family… — Medical Negligence | Karnataka HC (2024)

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- 1 - NC: 2024:KHC:34124 WP No. 7582 of 2023 C/W WP No. 4299 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12^TH DAY OF AUGUST, 2024 BEFORE

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THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR WRIT PETITION NO.7582 OF 2023 (GM-RES)

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C/W

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WRIT PETITION NO.4299 OF 2023 (GM-RES)

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IN W.P.No.7582/2023

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BETWEEN:

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ANANDA K, S/O KENGAIAH, AGED ABOUT 43 YEARS, NO.528/3, 1^ST MAIN ROAD, ACHARYA LAYOUT, BEHIND RV COLLEGE, ANDALAMMA TEMPLE STREET, GURTAMMAN PARK, BENGALURU – 560 004.

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…PETITIONER

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(BY SRI. VASANTH.J., ADVOCATE)

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AND:

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Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA

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COMMISSIONERATE OF HEALTH AND FAMILY WELFARE SERVICES, GOVERNMENT OF KARNATAKA, REPRESENTED BY COMMISSIONERATE, SRI. D.RANDEEP, AROGYA SOUDHA, 5^TH FLOOR, MAGDI ROAD, BENGALURU – 560 023.

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KARNATAKA MEDICAL COUNCIL, REPRESENTED BY PRESIDENT, SRI. KANCHI PRAHALD, NO.16/6, 2^ND FLOOR, MILLERS TANK BED AREA, VASANTH NAGAR, BENGALURU – 560 052.

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SAGAR HOSPITAL, REPRESENTED BY MANAGING DIRECTOR,

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2 - NC: 2024:KHC:34124 WP No. 7582 of 2023 C/W WP No. 4299 of 2023

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DR. MAHENDRA KUMAR, NO.44/54, 30^TH CROSS, TILAKNAGAR, JAYANAGAR EXTENSION, BENGALURU – 560 041.

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DR. NIRANJAN P., AGED 45 YEARS,

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DR. N.R. JAISHREE AGE 50 YEARS,

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DR. N.S.CHANDRASHEKAR, AGE 62 YEARS & RESPONDENT NOS.4 TO 6 ALL ARE R/AT C/O SAGAR HOSPITAL, NO.44/54, 30^TH CROSS TILAKNAGAR, JAYANAGAR EXTENSION, BENGALURU – 560 041. (RESPONDENT NO.4 TO 6 ARE CARE OF SAGAR HOSPITALS)

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…RESPONDENTS

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(BY SRI. SHAMANTH NAIK, HCGP FOR R1 & R2)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE R1 TO INVESTIGATE THE COMPLAINT/REPRESENTATION DATED 19.02.2020 AND 06.03.2023 TO CANCEL THE LICENSE OF R3 AND DISPOSE THE COMPLAINT ON MERITS EXPEDITIOUSLY (ANNEXURE - G AND G1) AND ETC.,

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IN W.P.No.4299/2023

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BETWEEN:

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SAGAR HOSPITALS, HAVING ADDRESS AT #44/54, 30^TH CROSS, TILAKNAGAR, JAYANAGAR EXTENSION, BANGALORE – 560 041. REPRESENTED BY MEDICAL DIRECTOR.

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…PETITIONER

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(BY SRI. BADRI VISHAL, ADVOCATE)

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3 - NC: 2024:KHC:34124 WP No. 7582 of 2023 C/W WP No. 4299 of 2023

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AND:

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KARNATAKA MEDICAL COUNCIL, #16/6, 2^ND FLOOR, MILLER TANK BED AREA, VASANTH NAGAR, BENGALURU – 560 052. REPRESENTED BY ITS REGISTRAR.

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ANANDA K, S/O KENGAIAH, AGED ABOUT 43 YEARS, NO.528/3, 1^ST MAIN ROAD, ACHARYA LAYOUT, BEHIND RV COLLEGE, ANDALAMMA TEMPLE STREET, GURTAMMAN PARK, BENGALURU – 560 004. …RESPONDENTS

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(BY SRI. SAPPANNAVAR BASAVARAJ SHIVAPPA, ADVOCATE FOR R1; SRI.VASANTH ADITHYA J., ADVOCATE FOR R2)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ENQUIRY PROCEEDINGS IN CASE NO.KMC/ENQ/08/2022 (EARLIER CASE NO.KMC/09EXP/DOCT/2020) INITIATED BY R2 PENDING BEFORE THE R-1 PRODUCED AT ANNEXURE – A IN SO FAR AS PETITIONER IS CONCERNED AND ETC.,

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THESE PETITIONS, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER

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In W.P.No.7582/2023

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The petitioner's wife was admitted to Sagar Hospital (respondent No. 3) on 22.04.2019 for the excision of a left breast lump diagnosed as Fibroadenoma. She underwent surgery and

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4 - NC: 2024:KHC:34124 WP No. 7582 of 2023 C/W WP No. 4299 of 2023

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was administered anesthesia during the procedure. However, she did not regain consciousness and passed away on 26.05.2021, with respondent No. 3 attributing her death to COVID-19. The petitioner alleges that his wife's death was caused by medical negligence on the part of respondent No. 3/Hospital and the doctors who performed the surgery. The petitioner submitted a representation to respondent No. 1, requesting action against respondent No. 3/Hospital and the doctors (arraigned as respondent Nos. 4 to 6) for violating Sections 9, 11, and 13 of the Karnataka Private Medical Establishments Act, 2007 (hereinafter referred to as 'the Act, 2007').

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The learned High Court Government Pleader (HCGP), on instructions, submits that the petitioner's representation has been acted upon. However, due to an interim stay order granted by this Court in W.P. No. 4299/2023, appropriate action on the petitioner's representation was not taken, as the interim stay was in effect in W.P. No. 4299/2023.

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This Court, by order dated 12.08.2024, quashed the proceedings initiated against respondent No.3 in No.4299/2023. Therefore, it is appropriate to dispose of this petition with a direction to respondent No. 1 to consider the representations dated 19.02.2020 and 06.03.2023, submitted by the petitioner at Annexure-G and Annexure-G1, and to pass an appropriate order in accordance with the law within four months from the date of receipt of a certified copy of this order.

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5 - NC: 2024:KHC:34124 WP No. 7582 of 2023 C/W WP No. 4299 of 2023

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It is needless to state that, before passing an appropriate order, respondent No.1 is obligated to provide an opportunity of hearing to respondent No.3.

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In W.P. No. 4299/2023, the petitioner challenges the proceedings initiated by respondent No. 1 at the instance of respondent No. 2, alleging that his wife died due to medical negligence on the part of respondent No. 3/Hospital. The petitioner had filed a representation with respondent No. 1, requesting action against respondent No. 3 for contravention of Sections 9, 11, and 13 of the Act, 2007. Based on this complaint, respondent No. 1 issued notices to the petitioner and the doctors who performed the surgery on the wife of respondent No. 2.

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Heard the learned counsel for the parties.

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The Co-ordinate Bench of this Court, in W.P. No. 52807/2023, while referring to Section 15 of the Karnataka Medical Registration Act, 1961 (hereinafter referred to as 'the Act, 1961'), held that hospitals do not come under the purview of the Act, 1961, and that action can only be initiated against doctors under the provisions of the Act, 1961. Therefore, the impugned proceedings before respondent No. 1 seeking to take action against the petitioner/hospital lack legal authority. Accordingly, I pass the following:

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ORDER

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i. Writ petition is allowed.

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- 6 - NC: 2024:KHC:34124 WP No. 7582 of 2023 C/W WP No. 4299 of 2023

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ii. The impugned proceedings in case No.KMC/ENQ/08/2022 (earlier Case

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No.KMC/09Exp/Doct/2020) on the file of respondent No.1 initiated at the instance of respondent No.2 insofar it relates to petitioner is hereby quashed.

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iii. However liberty is reserved with respondent No.1 to proceed further against the doctors of the petitioner/Hospital in accordance with law.

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Sd/(HEMANT CHANDANGOUDAR) JUDGE

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RKA

Ananda K v. Commissionerate of Health and Family Welfare Services

Case brief

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Ananda K v. Commissionerate of Health and Family Welfare Services

Case brief

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