BMC right in sacking negligent doc: HC

The Bombay high court recently upheld the decision of the Brihanmumbai Municipal Corporation (BMC) to terminate the services of a stipendiary doctor attached to Bhabha Hospital on charges of medical negligence.

A division bench of Justice DY Chandrachud and Justice RD Dhanuka, while upholding the termination of Dr Manorhita Gaikwad, said “Natural justice required that the petitioner (doctor) be placed on notice of the allegations and have an opportunity to explain them. This was done.”

The BMC had initiated an inquiry against Gaikwad after a registered lady patient, Tabassum Shaikh, had approached the hospital on October 10, 2011 in a condition of full-term pregnancy, carrying her medical papers, including a sonography report. The patient was first examined by Dr Atul Kulkarni, who then referred the case to the petitioner. They then decided to send her to Sion hospital for a sonography despite the fact that the earlier report dated October 5 showed the foetus in a breech condition.

The patient returned from Sion Hospital with a new report. Then, Dr Gaikwad and Dr Kulkarni, without informing the registrar on duty, referred the patient to a higher centre. The patient delivered the baby at the gate of the hospital, and by the time medical help was received, the baby had died.

The hospital, run by the civic body, conducted a probe and found Dr Gaikwad guilty, following which her services were terminated. The doctor then moved the high court, challenging the termination.