Mumbai: Noting that a person`s life is in the hands of God and doctors can be sometimes helpless, the Bombay High Court on Thursday stayed a warning issued by Medical Council of
India (MCI) to a city-based oncologist.
A division bench of Justices PB Majmudar and RD
Dhanuka, while hearing a petition filed by Dr Vikram Sanghvi,
also issued a notice to MCI, seeking its reply.
On September 25, 2007, Ambika Pathak, who had been
diagnosed with oral cancer, was operated upon by Dr Sanghvi
and another doctor who owns a nursing home in suburban
As per the petition, Sanghvi stayed in the nursing home
for a few hours after the operation to monitor the patient`s
condition, and then left.
In the evening, Pathak`s son, also a doctor, contacted
Sanghvi and told him that there were some complications.
Sanghvi, who was in south Mumbai at the time, could not reach
Andheri due to traffic, the petition says. It said that Pathak
was already dead when Sanghvi reached the hospital.
Her family then lodged a complaint with the Medical
Council of India alleging negligence on Sanghvi`s part.
On November 25, 2009, the MCI issued a warning to Sanghvi
and asked him "to be more careful in future when choosing
nursing homes for major surgeries, the date of the surgery and
make sure that medical officers are available to take care of
patients during post-operative period."
Sanghvi has challenged this warning.
Staying the warning, the judges said, "Everything is not
in the hands of doctors all the time. Life is in the hands of